Larson v. Kreiser's, Inc.

SABERS, Justice

(concurring in part and dissenting in part).

I concur with the majority opinion in reversing summary judgment on breach of implied and express contract. However, I would reverse the trial court’s grant of summary judgment on wrongful termination of employment. Larson’s substantial arguments against the granting of summary judgment on breach of contract are sufficiently broad to support the same argument with respect to wrongful termination. In fact, Larson’s brief urges reversal of the trial court’s grant of defendant’s motion for summary judgment, which motion pertained to all causes of action. Larson’s citations of numerous authorities on summary judgment and breach of contract are also sufficiently broad to include wrongful termination.

As stated in my special writing in Peterson v. Safway Steel Scaffolds Co., 400 N.W.2d 909, 916 (S.D.1987) (Sabers, J., concurring in part and dissenting in part):

... this court is overreacting to SDCL 15-26A-60 which results in decisions that rely too heavily on waiver of a point or argument by failure to cite authorities.

Corbly v. Matheson, 335 N.W.2d 347 (S.D.1983), and its progeny should not be stretched beyond all reasonable contemplation.