Excellence ● Dedication ● Experience
In a period of big law firms competing to get bigger, we take a different approach. We believe a smaller, more collaborative culture provides the best client service. We have an uncompromising dedication to our clients and excellence. Ed Evans, Mark Haigh, and Mark Arndt have long been recognized by clients and peers as premier trial lawyers. Members of the firm have been recognized for their dedication and service to clients by being inducted into such prestigious organizations as The American College of Trial Lawyers, International Academy of Trial Lawyers, International Society of Barristers and American Board of Trial Advocates. We are also listed in The Best Lawyers in America and Chambers USA.
The firm provides guidance, assistance and representation in a wide variety of legal fields. We have successfully represented hundreds of clients in all types of litigation, including civil and commercial litigation, labor and employment law, medical, legal and other professional negligence claims, personal injury and product liability cases. Firm members have represented individuals, physicians, hospitals, law firms, national and regional accounting firms and local and state governments. The firm serves as litigation counsel for Sanford Health, the largest not-for-profit rural health care system in the nation. We also defend various professionals appearing before administrative agencies and licensing boards. Beyond litigation, the firm assists healthcare providers in risk management activities.
The firm stresses the importance of giving back to the community with volunteer and pro-bono work as well as serving on several not-for-profit boards of local community organizations. Firm members are active in both local and statewide Bar Association activities and volunteer their time at the USD School of Law.
Always mindful of the need to provide our clients with timely, efficient, knowledgeable and professional advice and representation, the firm succeeds because of its commitment to excellence. This success is demonstrated by our clients’ strong loyalties.
2022: A Year In Review
- Successful dismissal of malpractice claim against chiropractor alleging cervical manipulation caused bilateral vertebral artery dissections and stroke.
- Successful defense of several physicians before the South Dakota Board of Medical and Osteopathic Examiners.
- Successfully settled a personal injury claim involving a motor vehicle collision for $1.25 million dollars for the plaintiff against the at-fault driver’s insurance company.
- Successfully obtained summary judgment in a medical malpractice case, obtaining a ruling that the plaintiff’s claims were barred by the applicable statute of limitations.
- Obtained defense verdict in a jury trial for general surgeon in a medical malpractice claim alleging breach of standard of care in obtaining access for anterior spine surgery.
- Successful settlement for client of fatalities resulting from head-on vehicle crash caused by law enforcement’s high-speed pursuit of fleeing vehicle.
- South Dakota Supreme Court affirmed Summary Judgment ruling in favor of landlord/client in case involving dog attack of pedestrian. Burgi v. E. Winds Ct., Inc., 2022 S.D. 6, 969 N.W.2d 919.
- Successful defense and dismissal in wrongful death case against a nursing home based on plaintiff’s failure to meet the requirements of a continuing tort tolling the applicable statute of limitations.
- Successfully settled a personal injury claim involving a trip and fall for $107,500 for the plaintiff against the property insurer at a South Dakota institution who failed to repair a hazardous condition.
- Successfully obtained order of dismissal on medical malpractice claim involving patient who went into cardiac arrest following placement of stent.
- Successful defense and dismissal of legal malpractice claim arising out of a probate proceeding.
- Successfully represented business owner in dispute regarding buy-sell agreement and obtained resolution of seven companion lawsuits occurring in multiple forums.
- Successful defense and dismissal of legal malpractice claim arising out of an underlying eminent domain proceeding.
- Successful defense and dismissal of claim brought against chiropractor in case alleging lumbar manipulation caused disk herniation.
- Successfully litigated a bad faith case against worker’s compensation carrier, obtaining a substantial six figure settlement for the claimant.
- Successful Daubert Motion excluding Plaintiff’s commercial trucking expert in interstate trucking collision.
- Obtained defense verdict in jury trial in alleging injuries in premises liability claim.
- Jury trial in personal injury-motor vehicle accident resulting in damage award substantially below pre-trial Offer of Judgment.
- Successfully obtained summary judgment on a boundary dispute and surface water drainage dispute.
- Successfully obtained dismissal of breach of contract and defamation claims.
2021: A Year In Review
- Successful defense of claim against law firm for allegedly allowing expiration of statute of limitations by establishing underlying claim was without merit.
- Successful defense of a community hospital that adopted a by-law prohibiting members of the medical staff who had an ownership interest in a physician owned specialty hospital from holding staff leadership positions due to potential conflict of interest, including dismissal of request for injunctive relief and compensatory and punitive damages.
- Successful defense of a medical clinic in a malpractice case alleging negligent hiring and credentialing.
- Successfully litigated a seven-figure settlement for victim of an automobile accident resulting in closed head injury.
- Successfully litigated a seven-figure settlement for plaintiff in medical device products liability claim.
- Successfully represented several physicians before the South Dakota Board of Medical and Osteopathic Examiners.
- Successfully obtained an order dismissing a medical malpractice case alleging negligent use of medical device.
- Successfully obtained Summary Judgment in a breach of contract case, obtaining a ruling that our clients have the sole right to buy a closely-held corporation from heirs of deceased owner.
- Successfully represented physician in investigation of alleged misconduct by the Indian Health Service.
- Successfully negotiated favorable severance agreement for terminated employee.
- Successfully obtained preliminary injunction to prevent dissipation of corporate assets, firing of key employees, or actions outside normal course of business during ownership dispute over closely held corporation.
- Ruling in favor of a South Dakota municipality following a two-day court trial based upon a neighboring landowner’s allegation of inverse condemnation.
- Successful Motion to Dismiss bad faith allegations against an auto-insurer.
- Summary Judgment in favor of an Ag insurer related to a custom feeding livestock loss.
- Summary Judgment in favor of a health care entity related to an allegation of employment discrimination.
- Summary Judgment in favor of a farm and ranch insurer related to an allegation of first-party insurance benefits of an injured employee.
- Partial Summary Judgment in a wrongful death auto accident related to allegations of punitive damages.
- Obtained a successful defense jury verdict in a medical malpractice case alleging negligent cardiothoracic surgery.
- Successfully obtained Eighth Circuit Court of Appeals decision affirming dismissal of insurance bad faith case.
2020: A Year In Review
- Successfully litigated a wrongful death case, obtaining a seven-figure settlement for our clients.
- Obtained a favorable South Dakota Supreme Court decision concerning release of non-party patient information in a medical malpractice case.
- Obtained Summary Judgment for commercial landlord in defense of dog mauling claim.
- Obtained a Supreme Court decision affirming a successful jury trial verdict.
- Dismissal of Complaint to South Dakota Board of Medical Examiners against a general surgeon arising out of bowel injury and leak during colon surgery.
- Successful defense of a primary care physician resulting in a voluntary dismissal of all claims.
- Voluntary dismissal of Complaint against chiropractor for alleged injuries during treatment.
- Voluntary dismissal of Complaint against chiropractor alleging vertebral artery dissection and stroke following treatment.
2019: A Year In Review
- Successful defense of a medical malpractice lawsuit alleging failure to diagnose infection leading to quadriplegia.
- Successfully obtained order of dismissal on claim involving bad faith against insurer.
- Successfully obtained summary judgment and affirmance from South Dakota Supreme Court on claim against insurance company for bad faith.
- Successful defense of a medical malpractice claim alleging medication error.
- Successfully obtained summary judgment on claim against medical clinic for negligent hiring and retention.
- Successful defense of claim against CRNA for injuries alleged to have occurred during surgery.
- Successful defense of trip and fall claim resulting in fractured vertebrae.
- Successful defense verdict in a Minnehaha County, SD, jury trial involving an auto/pedestrian accident.
- Successful defense and resolution of a claim against a defendant in the 2017 building collapse in downtown Sioux Falls.
- Successfully obtained summary judgment on behalf of a Yankton, SD, contractor involved in the construction of condominiums near Lewis & Clark State Park.
- Successful defense of a chiropractor in a lawsuit brought by a patient alleging a rib injury during manipulation.
- Successful defense of a claim against an attorney for alleged professional malpractice and conflict of interest arising out of representation involving a transactional matter.
- Successful defense of a chiropractor in suit brought by a patient alleging a fractured sternum during manipulation.
- Successful six-figure settlement on behalf of Plaintiff and her husband arising out of a motor vehicle accident for personal injuries including neck and back pain, two broken ribs, right scalp contusion, and right knee pain.
- Successfully obtained a defense verdict in a 5-day jury trial in a medical malpractice lawsuit involving a cosmetic procedure.
- Successful defense of a physician in a medical malpractice lawsuit involving acute respiratory distress.
- Successfully represented several nurses in inquiries before the South Dakota Board of Nursing.
- Successfully represented several doctors in inquiries before the South Dakota Board of Medical and Osteopathic Examiners and the Minnesota Board of Medicine.
2018: A Year In Review
- Successful defense jury verdict in a 3-week trial alleging malpractice against a children’s hospital and school.
- Successfully represented a physician’s assistant whose license was under investigation by the Minnesota Board of Medicine, the South Dakota Board of Osteopathic and Medical Examiners and The Drug Enforcement Administration resulting in an agreement to resume practice.
- Successfully assisted a license applicant before a South Dakota administrative agency in obtaining licensure.
- Successfully obtained the dismissal of a medical malpractice case alleging negligent administration of medicine to a hospital patient.
- Successfully defended and obtained the dismissal of a lawsuit alleging injuries resulting from a fall in a hospital bathroom.
- Successful defense of a lawsuit alleging malpractice with regard to an independent medical examination.
- Successfully defended a lawsuit alleging malpractice in the care of a patient who developed paralysis.
- Successfully obtained the dismissal of a physician in a malpractice matter alleging injuries resulting from a foreign body reaction.
- Successfully defended a lawsuit against a pathologist in a claim alleging irregularities in autopsy findings.
- Successfully obtained dismissal or a malpractice case alleging bowel perforation during surgery.
- Successfully represented several doctors in inquiries before the South Dakota Board of Medical and Osteopathic Examiners and Minnesota Board of Medicine.
- Successfully obtained a defense verdict in a 7-day jury trial in a malpractice lawsuit alleging delay in diagnosis of a choledochal cyst.
- Successfully obtained summary judgment in federal court dismissing complaint alleging wrongfully termination.
- Successfully represented a nurse in an inquiry before the South Dakota Board of Nursing.
- Successful appeal to the Supreme Court in South Dakota affirming summary judgment in favor of insurance company in a case brought by a policyholder alleging breach of contract and bad faith for failure to pay cancer benefits due under the policy.
2017: A Year In Review
- Successful jury verdict for Defendants in a wrongful death claim alleging that surgeon negligently perforated the superior vena cava during procedure.
- Obtained summary judgment in federal district court dismissing Complaint brought by a former owner of an LLC against the managing partner, a Certified Public Accountant, alleging eight counts, including negligent accounting services, breach of fiduciary duty, fraud and punitive damages.
- Successful defense of a member of hospital executive committee in case alleging negligent and bad faith credentialing.
- Successful defense of a hospital and physicians in a case alleging paralysis arising out of an epidural steroid injection.
- Successful defense of surgeons in claim alleging negligence in cholecystectomy resulting in infection.
- Successful defense of podiatrist in claim alleging negligence in care and treatment of Charcot foot resulting in amputation.
- Successful defense of surgeon in claim alleging negligent care and treatment of surgical wound after hernia surgery.
- Successful defense of physician in case alleging perjury in criminal trial.
- Successful defense of wellness center in case alleging negligent supervision resulting in shoulder injury.
- Successful defense of physician alleging improper performance of independent medical examination.
- Successful jury verdict for a neurosurgeon in case alleging misplacement of pedicle screws during spinal surgery and failure to diagnose alleged misplacement of pedicle screws subsequent to spinal surgery.
2016: A Year In Review
- Successful appeal in the Supreme Court of South Dakota affirming jury verdict in favor of general partner in case brought by limited partner alleging breach of fiduciary duty and seeking disassociation for value from the limited partnership.
- Successful jury verdict for Defendant in case against internal medicine physician alleging negligent treatment of rheumatoid arthritis causing osteoporosis.
- Successful jury verdict for Defendant in case in federal district court against pulmonologist alleging negligent delay in diagnosis and treatment of blastomycosis (fungal) infection causing osteomyelitis.
- Successful jury verdict for Defendant in case against chiropractor alleging negligent cervical manipulation causing vertebral artery dissection and stroke.
- Successful jury verdict for Defendant in wrongful death case against general surgeon alleging delay in diagnosis of perforation following laparoscopic cholecystectomy.
- Successful defense of case against two former USDA microbiologists alleging libel and product disparagement by the producers of “lean finely textured beef.”
- Successful appeal to the Supreme Court of South Dakota overturning trial court’s order finding peer review statutes unconstitutional.
- Successful defense of six members of medical executive committee of hospital in case alleging negligent and bad faith credentialing of a spine surgeon.
- Successful defense of wrongful death claim against cardiologist alleging negligent delay in diagnosis and treatment of myocardial infarction.
- Successful defense of case against pulmonologist and family practice physician alleging negligent delay in diagnosis of lung cancer.
- Successful defense of claim against general surgeon alleging negligent performance of Type IV hiatal hernia surgery and follow up care.