PIERRE — The South Dakota Supreme Court has issued a decision involving a Stanley County Farm and the death of two people in a 2016 explosion. Chalan Hedman and Troy Hattum died in the explosion and fire at the Hattum Family Farms on August 6th of 2016. The estate of Hedman filed a wrongful death lawsuit against the Hattum Family Farms and individual members of the Hattum family. Hedman’s estate was seeking damages on strict liability and negligence. Sixth Circuit Judge Margo Northup dismissed the claims against Hattum Farms. The Supreme Court spilt their ruling. Justices upheld the dismissal of the claims of negligence against Hattum Family Farms. However, South Dakota’s High Court is sending back the dismissal of the strict liability claim. The explosion happened after Hedman and Troy Hattum tried welding a split in a diesel fuel tank. The Justices concluded that genuine issues of material fact exist as to whether Troy Hattum was acting in the scope of his job when he welded the tank after being told not to and whether Hedman assumed the risk. The legal question of whether welding a diesel fuel tank is an abnormally dangerous activity was left open by the Justices.
