Halvorson v. Huron Culvert & Tank Co.
Halvorson v. Huron Culvert & Tank Co.
Opinion of the Court
As a result of an explosion, two personal injury actions were commenced against Huron Culvert & Tank Company (Huron Culvert). In turn, Huron Culvert sought indemnity and contribution from Weelborg, Inc., who had paid worker’s compensation benefits to the plaintiffs as their employer. On Weelborg’s motion the third-party complaint was dismissed and this appeal followed. Although this appeal raised some important legal questions, we fail to reach these questions because the judgment is not ripe for appeal.
The dismissal of a third-party complaint is subject to SDCL 15-6-54(b) even if characterized as a motion for summary judgment. Brasel v. City of Pierre, 87 S.D. 561, 211 N.W.2d 846, 848 (1973). This provision requires that the trial court
For this reason, we dismiss the appeal.
Reference
- Full Case Name
- Gary HALVORSON and Linda Lee Halvorson, and and Susan M. Feuerhelm and Susan M. Feuerhelm, Special Administratrix of the Estate of Douglas G. Graves, and v. HURON CULVERT AND TANK CO., a corporation, Third Party and v. WEELBORG BROTHERS, INC., a corporation, Third Party and
- Status
- Published