# Nelson v. WEB Water Development Ass'n, Inc.

> South Dakota Supreme Court · October 27, 1993 · 507 N.W.2d 691

URL: https://www.frixlaw.com/law-library/cases/9742056

## Case

- **Full name:** Willis J. NELSON, Jr., Plaintiff and Appellant, v. WEB WATER DEVELOPMENT ASSOCIATION, INC., Edwin Fischbach, Robert Knickrehm, William D. Johnson, Oscar E. Jeschke and Howard Thomas, Defendants and Appellees
- **Court:** South Dakota Supreme Court
- **Decided:** October 27, 1993
- **Citations:** 507 N.W.2d 691; 1993 S.D. LEXIS 136; 1993 WL 435871
- **Precedential status:** Published
- **Opinion:** Concurrence by Sabers
- **Judges:** Wuest, Henderson, Amundson, Miller, Sabers
- **Cited by:** 75 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9742056

## How later opinions describe it (automated extraction)

- holding that under South Dakota law, compensation for "negligent infliction of emotional distress requires manifestation of physical symptoms" and intentional infliction of emotional distress -11- requires "an extreme disabling emotional response"
- holding an ordinary citizen can be deemed a public figure for the limited range of issues in which the individual injects himself or is drawn into by a particular controversy
- reversing grant of summary judgment on issue of breach of contractual good faith *1036 and fair dealing where high court determined a valid employment contract existed
- reversing grant of summary judgment on issue of breach of contractual good faith and fair dealing where high court determined a valid employment contract existed

## Opinion text

SABERS, Justice
(concurring specially).
I write specially to point out that Issue II (Employee Handbook), Issue III (Conversion of Salary),' and Issue V (Breach of Covenant Within Contract), are all included within Issue I dealing with breach of employment contract. Therefore, damages arising therefrom, if any, should be included in Issue I to prevent double recovery. Greenwood Ranches, 629 F.2d 518 ; Hoovestol, 479 N.W.2d 854 .
I write specially on Issue VII, Intentional Infliction of Emotional Distress, to point out that it includes reckless conduct resulting in emotional distress. Petersen v. Sioux Valley Hospital Ass’n, 491 N.W.2d 467, 469 (S.D.1992); Wangen v. Knudson, 428 N.W.2d 242, 246 (S.D.1988).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9742056. Public record. Not legal advice.