Latest News

WELCOME Ashley Bandemer and Taylor Hageman

Please join us in welcoming the two newest members of our team, Ashley Bandemer and Taylor Hageman! Taylor joined us in August as a paralegal.  She brings with her many years of experience in various areas of the law and she is able to apply that towards our practice...

WARNING: Medical Bill Payment Scam

If you are in an automobile accident and go to a hospital or other medical provider, you should give them your health insurance information.  You should not give them your automobile insurance information if you have health insurance.  Here is why. The hospital has...

Joe Erickson wins property dispute trial

Recently, Joe Erickson of Schoenbeck & Erickson, PC, won a court trial regarding an adverse possession claim in Watertown.  Adverse Possession is a legal concept that may result in a neighbor owning more property than shown on their deed because that neighbor has...

Below you will find a summary of some of the recent developments in cases successfully litigated by Schoenbeck & Erickson, P.C.,

as well as some of the previous cases successfully litigated as a sample of our experience and success in the cases accepted by our firm.

Supreme Court Win for Widow in Death Case

A unanimous Supreme Court ruled for our client, who was wrongfully denied widow’s benefits when her husband was killed on the job at the City of Miller.  James “Boney” Bonebright was killed when a trench caved in.  The City had a practice of trenching sewer lines...

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Day County jury returned a $300,000 verdict

A Day County jury returned a $300,000 verdict for a local farmer for back injuries arising from a 1999 car accident. At that time, it was the largest verdict ever returned in Day County, and it reaffirms that local juries understand what a back injury means in the...

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Wegleitner v. Hartford Insurance

After the South Dakota Supreme Court's refusal to permit a dram shop cause of action, we tried a jury trial in Marshall County against the underinsurance carrier on October 1, 1998, and obtained a verdict of $600,000 for our client. At that time, it was the largest...

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$700,000 Underinsured Motorist Verdict

On behalf of a couple who were in an automobile accident in Brown County, that was tried in Day County, we obtained a $700,000 verdict for underinsured motorist (UIM) benefits against Grinnell Mutual Reinsurance Company.

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Bad Faith Litigation with Safeco Insurance

In a Roberts County case in the Fifth Judicial Circuit against Safeco Insurance Company, we obtained a favorable verdict on the underlying personal injury case, and pursued Safeco for its unreasonable conduct in handling the claim. In that setting, it is an...

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Bad Faith Victory

The South Dakota Supreme Court affirmed a jury verdict against American Family Insurance in Biegler v. American Family Ins., 2001 S.D. 13, 621 N.W.2d 592. The original verdict is discussed below. The Supreme Court reduced the amount of the judgment to $165,000, which...

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Bad Faith Victory

The South Dakota Supreme Court once again reaffirmed that an insured can sue their insurance company for bad faith in handling a claim in a case we brought before the Court (Brooks v. Milbank Insurance Company, 2000 S.D. 16, 605 N.W.2d 173). After the Court's...

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Insurance Coverage Victory

Circuit Judge Robert Timm handed down a decision determining more than $1,000,000 of insurance coverage was available for our client and other victims. The factual setting in which the case arose is as follows: A car accident occurred on February 14, 1998. The...

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Buffalo Trial Verdict

Attorney Schoenbeck argued before the Supreme Court on January 8, 2019, in the case of Mealy v. Prins.  Our opponents were not happy with the Roberts County jury verdict results and appealed the decision to the Supreme Court. The Supreme Court affirmed summary...

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Schoenbeck Law Wins Commercial Ranch Dispute in Supreme Court

September 25, 2019 The South Dakota Supreme Court unanimously affirmed a win we achieved in the trial court for our clients, Bryce and Barry Healy and their family ranch corporation, in a lawsuit brought against them by their brother, Bret Healy. Bret made assorted...

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Banks Are Entitled To Be Treated Fairly Too

Schoenbeck Law had the honor and pleasure of successfully completing 2½ years of representation of an established South Dakota commercial institution in a banking litigation case involving a participating lending arrangement. Near the end of the litigation, we...

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Investment Banking Dispute

The United States 8th Circuit Court of Appeals handed down a win in an investment banking dispute involving a client of our office who assisted a meatpacker in obtaining financing for a meatpacking plant. After the financing was obtained, the meatpacker refused to pay...

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Attorney Malpractice and Breach of Fiduciary Duty Verdict

A Grant County jury returned a verdict for $150,000 of principal and pre-judgment interest of approximately $45,000, for a total judgment of $195,000 in an attorney malpractice and breach of fiduciary duty case. The case was Harms v Boos. The jury took two hours to...

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Attorney Malpractice: Two Supreme Court Wins

In Friske, et al. v. Hogan, 2005 S.D. 70, 698 N.W.2d 526, the South Dakota Supreme Court ruled for the clients of Schoenbeck Law that an attorney may owe a duty to a will beneficiary, which ruling builds on the Supreme Court decision entered in Chem Age Industries,...

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Medical Negligence

In a medical negligence case in Day County, South Dakota, we represented a victim of unnecessary multiple back surgeries. The victim had a non-operative compression fracture, but had the misfortune of being treated in the Avera St. Luke's emergency room by Dr. Britt...

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Accountant Malpractice

Our office completed an accounting malpractice case which also obtained a favorable ruling from the trial court permitting us to go forward with a punitive damage claim against the accountant. Specific facts were presented to the trial court that showed a reasonable...

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Big Win for Redlin Trust

Our firm won in the South Dakota Supreme Court on behalf of one of the Redlin Family Trusts. South Dakota’s highest court unanimously adopted our position that the Trustee had acted properly and in accordance with directions in the trust document. The decision can be...

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Mack Trust and Estate verdict win

Recently, Schoenbeck & Erickson, PC, defended the Will and Trust of Phillip and Alice Mack when challenged by their son, Robert Mack.  Mr. Mack claimed to have had a “partnership” with his father and that “partnership” entitled him to half of the present value of...

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Will Dispute

On April 15, 2019, Lee Schoenbeck and Joe Erickson completed a three-day jury trial in Sioux Falls over a Will. The jury found for our clients on all the issues. The Will was challenged as to whether it was correctly signed by the testator and the witnesses, and also,...

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Codington County Jury Upholds Last Will and Testament

In a Codington County jury trial, we were successful in defending the wishes of a testator as reflected in her Last Will and Testament that was signed near the very end of her life. The Last Will and Testament left the bulk of her estate to charity. Two nieces...

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