Masad v. Weber

772 N.W.2d 144 (2009)

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Masad v. Weber

South Dakota Supreme Court
772 N.W.2d 144 (2009)

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Facts

Randall Masad (plaintiff) was an employee of Catering by Marlins, Inc. (CBM). CBM contracted with the South Dakota Department of Corrections (State) (defendant) to provide food services to the inmates at the South Dakota State Penitentiary. The contract contained several provisions relating to prison security that would be provided to CBM. While working for CBM in the prison, Masad was attacked and severely injured by an inmate who had not been properly supervised. Masad and his wife sued the State, claiming that the State had breached the contract provisions relating to security. The State filed a motion for summary judgment, which was granted by the trial court. Masad appealed to the South Dakota Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Severson, J.)

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