South Dakota High Court clears lawyers of malpractice

Clients thought state should have been party to accident lawsuit

Three South Dakota lawyers did not commit malpractice when they failed to give notice to the state of a potential claim in an auto accident, the South Dakota Supreme Court ruled.

Jeffrey Cole, William Sims and Gregory Brewers were sued by their former clients, Doug and Dawn Barr. The trio represented the Barrs following an auto accident on Dec. 21, 2016.

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On that night, Doug Barr was hit by a vehicle driven by Stuart Hughes after Hughes ran a stop sign near Tea. Barr sustained “serious and permanent injuries from the accident,” wrote Chief Justice Steven Jensen.

At the time, Hughes was employed by the South Dakota Unified Judicial System. His job consisted of helping judges as a law clerk in the First Judicial Circuit. On the night of the accident, Hughes had left Parker and was headed to Sioux Falls for a family function. However, he lived in Vermillion.

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