Glover v. Krambeck

Summary

The Supreme Court of South Dakota consolidated two appeals arising from a single automobile accident. It affirmed the denial of Jerity Krambeck's motion for relief from a dismissal under SDCL 15-6-60(b), but reversed the dismissal of her separate personal-injury action on res judicata grounds. The court held that cross-claims for contribution and indemnity are permissive and did not preclude Krambeck's later substantive personal-injury claim.

Holdings

1. The trial court did not abuse its discretion in denying Krambeck relief from the Meade County dismissal with prejudice because the circumstances did not constitute the exceptional circumstances required for relief under SDCL 15-6-60(b).
2. The dismissal of Krambeck's Butte County personal-injury action on res judicata grounds was erroneous because a cross-claim under SDCL 15-6-13(g) is permissive, not compulsory, and Krambeck was not required to assert her personal-injury claim in the earlier Meade County action.

Questions Presented

1. Whether the Meade County circuit court abused its discretion by denying Krambeck relief from the dismissal with prejudice under SDCL 15-6-60(b)(1) based on mistake, inadvertence, or excusable neglect.
2. Whether the Butte County circuit court erred by dismissing Krambeck's later personal-injury action under the doctrine of res judicata because she could have asserted the claim as a cross-claim in the earlier Meade County action.

Disposition

reversed_and_remanded