Posted On: July 1, 2009, 1:30 pm CDT

Posted By: Sue Falls

If the drinking had been a one-time incident, I would be less likely to agree, but I think the facts of this case show GROSS NEGLIGENCE on the part of the employer ! The employee admitted he drank every night he worked, and the accident happened in August, so he had probably been working all summer. Someone should have taken note of the drinking and put a stop to it before it resulted in the unfortuate accident. I would have the same opinion even if the employee were of legal drinking age. The employee works at the direction of the employer - this implies a certain degree of control, with that comes responsibility. Good decision, SD Sup Ct !