South Dakota Supreme Court

Marvin Thompson, Plaintiff and Appellant v. Charles Summers, Defendant and Appellee

August 13, 19971997 S.D. LEXIS 103

Summary

The court held that Thompson's complaint stated legally sufficient negligence claims and that dismissal under Rule 12(b)(5) was improper. The complaint alleged common-law negligence, violations of state aircraft-safety statutes, and violations of federal balloon-piloting regulations, with factual questions concerning duty, statutory or regulatory violations, and proximate cause reserved for later proceedings. The court reversed and remanded for trial. Miller, C.J., concurring in result, agreed that the complaint stated sufficient theories but would have left the rescue-doctrine issue unresolved because it was not presented below.

Holding

  • Sufficiency of common-law negligence allegations. The complaint sufficiently stated a common-law negligence claim because it alleged that Summers created an imminent peril, failed to use the rip cord, and thereby caused Thompson's injuries. The court held that the rescue doctrine is an adjunct of negligence and that the claim could proceed even though Thompson did not use the doctrine's precise name.
  • State aircraft-safety statutes. The complaint stated a potentially viable negligence-per-se claim based on alleged violations of South Dakota statutes governing aircraft operations, including operation that is imminently dangerous or careless and heedless of others' safety.
  • Federal balloon-piloting regulations. The complaint stated a potentially viable negligence claim based on alleged violations of federal regulations concerning balloon-pilot emergency procedures, landing operations, rip-cord use, and operation in a manner endangering another's life or property.

Docket None

Cited authorities

  • Rule 12(b)(5)
  • Rule 12(b)(5)
  • Rule 12(b)(5)
  • Rule 12(b)(5)
  • 14 C.F.R. § 61.125
  • Fed. R. Civ. P. 12(b)(6)

Cited by