Daniel W. Harn, Plaintiff and Appellee v. Continental Lumber Company, Petitioner and Appellant

Summary

The South Dakota Supreme Court reversed the trial court's denial of Continental Lumber's summary judgment motion in an employee's civil action premised on the intentional tort exception to workers' compensation exclusivity. Applying the strict 'substantial certainty' standard, the court held that the employer's disengagement of an anti-kickback safety device, while possibly negligent or reckless, did not rise to intentional tortious conduct because injury was not substantially (virtually) certain to occur. The court directed entry of summary judgment for the employer under SDCL 15-30-2.