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Gary D. Jensen Beardsley Jensen & Von Wald, A Professional L.L.C. 4200 Beach Drive Suite 3 P.O. Box 9579 Rapid City, SD 57709-9579 |
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Gary Jensen has a broad range of civil litigation experience. A significant portion of his practice involves complex, higher risk matters in the business, insurance, construction, product liability, health care and professional negligence fields.
In 1993, Gary was named Trial Lawyer of the Year by the South Dakota Trial Lawyers Association. He was President of that Association, and has served his profession in many other capacities during his twenty-eight years of practice. Mr. Jensen's work has earned him an AV rating from Martindale-Hubbell, the hightest ranking a lawyer may obtain.
LITIGATION EXPERIENCE
CONSTRUCTION
- Landslide of hillside neighborhood
- Water system design, housing subdivision
- Retaining wall failure
- HVAC Design
MEDICAL NEGLIGENCE
- Failure to diagnose cancer, and death
- Childbirth, and cerebral palsy
- Glaucoma mis-diagnosis, and blindness
- Wrong Site surgery
- Unnecessary surgery
PRODUCTS LIABILITY
- Quadriplegia, machinery run-over
- Severe burns, high voltage explosion
- Multiple injuries, fall from work station
PREMISES LIABILITY
- Quadriplegia, construction site accident
- Electrocution deaths (child and adult)
- Patient fall/jump from hospital window
MOTOR VEHICLE
- Traumatic induced Alzheimers
- Permanent vertigo
- Brain injury
- Fractures
- Soft tissue damage
BUSINESS/COMMERCIAL
- Minority shareholder oppression
- Wrongful termination
- Non-compete agreement enforcement
INSURANCE
- Primary carrier failure to settle
- Underinsured bad faith
- Insurance Coverage for business torts
REAL ESTATE
- Right of First Refusal
- Prescriptive easement
- Access to landlocked parcel
CLASS ACTION/ANTI-TRUST
- Tobacco products, health care expense
- Tobacco products, indirect purchaser
- Rubber chemicals, indirect purchaser
- Carbon Black, indirect purchaser
ENVIRONMENTAL
- Forest fires (multiple) and resulting multi
million dollar claims for suppression costs,
rehabilitation, timber loss, business losses,
and the like
CORPORATE REPRESENTATION
- Software company
- Electrical contracting
- School District
- Multi-state janitorial service
- Gold Mining Company
- Areas Of Practice:
- Personal Injury -- Defense
- Products Liability Law
- Health & Health Care Law
- Litigation & Appeals
- Construction Law
- Business & Commercial Law
- Professional Malpractice Law
- Personal Injury -- Plaintiff
- Native Peoples Law
- Education:
- University of South Dakota School of Law, Vermillion, South Dakota, 1978
- J.D., Doctor of Jurisprudence
- South Dakota State University, Brookings, South Dakota, 1975
- B.S., Bachelor of Science
- Honors: High Honors
- Published Works:
- The Search and Seizure Condition of Probation: Supervisory or Unconstitutional 22 South Dakota Law Review, 1977
- Legislative Larceny: The Legislature Acts Unconstitutionally When It Arbitrarily Abolishes or Limits Common Law Rights to Redress for Injury South Dakota Law Review, Vol. 31, 1985
- Representative Cases:
- Johns vs. Black Hills Power, Inc,, 2006 SD 85 (S.D. 2006)
- Rancour vs. Golden Reward Mining Co., 2005 S.D. 28 (S.D. 2005)
- Frankenfeld vs. Crompton et al, 697 N.W.2d 378 (S.D. 2005)
- Rothenberger v. Wharf, #22607 (2003)
- Cleveland et al v. FMG, Inc. and others (S.D. 54 2003)
- Fulmer v. State Farm Ins. co., 514 NW2d 861 (S.D. 1994)
- Fulmer v. State Farm Ins. Co., 498 NW2d 357 (S.D. 1993)
- Matter of Certification of Question of Law from U.S. Dist. Court, Dist. of South Dakota, Western Div., 369 N.W.2d 658 (S.D. 1985)
- Zacher v. Budd Co., 396 N.W.2d 122 (S.D. 1986)
- Matter of Certification of a Question of Law from U.S. Dist. Court, Dist. of South Dakota, Southern Division, 387 N.W.2d 42 (S.D. 1986)
- National Bank of South Dakota v. Leir, 325 N.W.2d 845 (S.D. 1982)
- Representative Clients:
- Individuals and families
- AEGIS
- Alliance of Architects
- Automated Maintenance Systems
- Auto Owners Insurance Company
- Black Hills Corporation
- Black Hills Power
- Brown and Williamson Tobacco Company
- Casey Peterson and Associates
- Children's Home Society
- Crompton Corporation
- Daimler Chrysler
- DeGussa Companies
- Dupont De emours & Company
- Ferber Engineering
- FMG, Inc.
- Golden Reward Mining Company
- Honeywell International, Inc.
- Liberty Mutual Insurance
- Phillip Morris
- R.J. Reynolds Tobacco Co.
- R.J. Reynolds Tobacco Holdings, Inc.
- Security Insurance Company of Hartford
- SolCom, Inc.
- Wharf Resources USA, Inc.
- XL Design Professional
- Professional Associations and Memberships:
- South Dakota Trial Lawyers Association, 1979 - Present
- Board Member, 1988-1999; President, 1990-1991
- State Bar of South Dakota, Chairman, Civil Pattern Jury Instructions Committee
- Chairman, Negligence and Tort Law Committee
- American Bar Association
- Association of Trials Lawyers of America
- Member 1979 to present; State Delegate 1991-1999
- Admitted to Rosebud Sioux Tribal Court
- Admitted to Cheyenne River Sioux Tribal Court
- Admitted to Ogala Sioux Tribal Court
- Birth Information:
- 1953, Sioux Falls, South Dakota, United States of America