United States District Court, D. South Dakota, Southern Division
For Graci Finkle, Philip Finkle, Plaintiffs: Michael S. Beardsley, Steven C. Beardsley, LEAD ATTORNEYS, Beardsley, Jensen & Von Wald, PROF.L.L.C., Rapid City, SD.
For Regency CSP Ventures Limited Partnership, U.S. Hotel and Resort Management, Inc., Defendants: Melanie L. Carpenter, Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD.
For U.S. Hotel and Resort Management, Inc., Regency CSP Ventures Limited Partnership, Counter Claimants: Melanie L. Carpenter, Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD.
For Philip Finkle, Counter Defendant: Heather Lammers Bogard, LEAD ATTORNEY, Costello Porter Hill Heisterkamp Bushnell & Carpenter, Rapid City, SD.
MEMORANDUM OPINION AND ORDER RE: MOTION FOR PARTIAL SUMMARY JUDGMENT
Lawrence L. Piersol, United States District Judge.
Plaintiffs, Graci Finkle and Philip Finkle, brought this diversity negligence action based on an August 6, 2012 jeep and motorcycle accident on Wildlife Loop Road in Custer State Park, Custer County, South Dakota. The Amended Complaint alleges Defendants as employers of the allegedly negligent jeep driver are liable under respondeat superior and for " negligent supervision and training in that Defendants negligently managed, directed, trained or oversaw its employees." Doc. 20. Defendants have moved for partial summary judgment on Plaintiffs' claim based on negligent supervision and training. Doc. 38. Plaintiffs are resisting this motion and the matter has been fully briefed.
Principles of Summary Judgment
Summary judgment shall be entered for a claim if there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(a). In ruling on a motion for summary judgment, the Court is required to view the facts in the light most favorable to the non-moving party and must give that party the benefit of all reasonable inferences to be drawn from the underlying facts. AgriStor Leasing v. Farrow, 826 F.2d 732, 734 (8th Cir. 1987). The moving party bears the burden of showing both the absence of a genuine dispute as to any material fact and its entitlement to judgment as a matter of law. Fed.R.Civ.P. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
Plaintiffs Graci Finkle and Philip Finkle are residents of South Carolina. On August 6, 2012, Plaintiff Philip Finkle was operating and Plaintiff Graci Finkle was
riding as a passenger on a 1996 Harley-Davidson Motorcycle traveling southbound on Wildlife Loop Road in Custer State Park, Custer County, South Dakota. Plaintiffs allege they sustained injuries when Philip laid down his motorcycle to avoid colliding with a Jeep driven by Kathleen Funk. Plaintiff Philip Finkle testified at his deposition that at the time of the accident the Jeep was just over the crest of a hill on the downhill slope, and that all four tires of the Jeep were on the pavement in the middle of ...