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PO Box 9579
4200 Beach Drive, Suite #3
Rapid City, SD 57709

Phone: (605) 721-2800
Fax: (605) 721-2801
Email



Gary D. Jensen
Rapid City, South Dakota
phone (605) 721-2800
fax (605) 721-2801
email Email Me

Gary Jensen has a broad range of civil litigation experience. His practice involves complex matters in the business, insurance, construction, product liability, health care, personal injury and professional negligence fields.

Gary has been 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-nine years of practice. Mr. Jensen's work has earned him an AV rating from Martindale-Hubbell, the highest ranking a lawyer may obtain.

EXAMPLES OF LITIGATION EXPERIENCE

CONSTRUCTION

- Landslide of hillside neighborhood
- Water system design, housing subdivision
- Retaining wall failure, multi story parking structure
- HVAC Design

PRODUCTS LIABILITY

- Quadriplegia, machinery run-over
- Severe burns, high voltage explosion
- Multiple injuries, fall from work station
- Fire Destruction of Farm Machinery

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
-Workmans compensation carrier bad faith

REAL ESTATE

- Right of First Refusal
- Prescriptive easement
- Access to landlocked parcel

MEDICAL NEGLIGENCE

- Failure to diagnose cancer, and death
- Childbirth, and cerebral palsy
- Glaucoma mis-diagnosis, and blindness
- Unnecessary and wrong site surgery

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 -- Plaintiff
Personal Injury -- Defense
Products Liability Law
Health & Health Care Law
Litigation & Appeals
Construction Law
Business & Commercial Law
Professional Malpractice Law
Native Peoples Law
Litigation Percentage:

90% of Practice Devoted to Litigation and Appeals
Bar Admissions:

South Dakota, 1978
U.S. Federal Courts, 1978
U.S. Supreme Court, 1983
Sicangu Oyate Bar Association (Rosebud Sioux Tribe)
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:

Hammonds Vs. Hartford Fire Insurance Company, 501 F3d 991 (8th Circuit 2007)
Mudlin v. Hills Material Company, 2007 SD 118
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)
Representative Clients:

Individuals and families
AEGIS
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
Church & Dwight Co., Inc
Crompton Corporation
Daimler Chrysler
DeGussa Companies
Dupont De emours & Company
Elk Mountain School district
Ferber Engineering
Golden Reward Mining Company
Honeywell International, Inc.
Liberty Mutual Insurance
Parkside Design, Inc.
Phillip Morris
R.J. Reynolds Tobacco Co.
R.J. Reynolds Tobacco Holdings, Inc.
Security Insurance Company of Hartford
Sicangu Village Estates Limited Partnership
SolCom, Inc.
St. Francis Indian School
US Bank
Wharf Resources USA, Inc.
XL Design Professional
References:

US Bank of South Dakota
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


American Association for Justice
Member 1979 to present; State Delegate 1991-1999
Tribal Courts:

Admitted to Rosebud Sioux Tribal Court

Admitted to Cheyenne River Sioux Tribal Court

Admitted to Ogala Sioux Tribal Court
Recent Professional Activities:

Speaker, South Dakota Trial Lawyers Association, Fall 2007 Seminar, Handling Expert Witnesses.

Faculty, South Dakota Trial Assembly, University of South Dakota Law School, July 9-13, 2007
Birth Information:

June 10, 1953, Sioux Falls, South Dakota, United States of America
Community Activities


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South Dakota Lawyer, Business & Commercial Law, Construction Law, Native Peoples Law, Personal Injury, Auto Accidents, Car Accidents
Rapid City, South Dakota attorney Gary Jensen Beardsley Jensen & Von Wald, Prof L.L.C.