State Auto Insurance Companies
v.
Eric Meyer
HF No. 52, 2019/20
South Dakota Workers Compensation
South Dakota Department of Labor & Regulation Division of Labor and Management
January 12, 2021
J. G.
Shultz Woods, Fuller, Shultz & Smith, PC
Seamus
W. Culhane Turbak Law Office, PC
RE: HF
No. 52, 2019/20 – State Auto Insurance Companies v.
Eric Meyer
Greetings:
This
letter will address Meyer’s Motion to Consolidate
Actions. All responsive briefs have been considered. Aaron
Hansen (Hansen) was the driver of a pickup truck involved in
a motor vehicle accident on February 21, 2019. Eric Meyer
(Meyer) was a passenger in the vehicle. State Auto Insurance
Companies (Insurer) filed a Petition for Hearing alleging
that Hansen was not in the course and scope of his employment
at the time of the accident.
Meyer
and Hansen (jointly Claimants) have moved the Department of
Labor & Regulation (Department) to consolidate hearing
files numbered 52, 2019/20 and 53, 2019/20. The Claimants
believe judicial economy is best served by consolidation of
the two cases because both matters arise out of the same set
of facts and involve the same parties and witnesses. The
Claimants argue that both cases involve Insurer State Auto
Insurance Companies and the injuries sustained by both
Claimants in the February 21, 2019 motor vehicle collision.
The Claimants further assert there are common questions and
facts of law regarding the injuries, and there will be
overlap in witnesses and legal issues in both cases. The
Claimants argue consolidation would prevent the possibility
of inconsistent discovery between the two cases.
Insurer
argues that consolidation is not appropriate in this matter.
Insurer alleges that there has been intent to influence
Hansen’s testimony. Insurer states that when its
counsel attended the deposition of Hansen, Meyer was sitting
next to him. The deposition did not proceed, because
Claimant’s attorney would not instruct Meyer to
sequester himself from the deposition. Insurer believes this
was an attempt to influence Hansen’s testimony. Insurer
further argues that the discovery...
