Two DEHS lawyers, Mitch Peterson and Shane Eden, recently obtained a $250,000 verdict in favor of a law firm client.
The client, an 87-year-old gentleman from the Huron, S.D., area, had deeded land to his nephew in exchange for a "private annuity agreement." Under the agreement, the nephew agreed to make certain payments as long as his uncle lived. Suit was filed after the uncle felt his nephew had not been fulfilling the agreement. The nephew, however, asserted that the agreement was modified years ago, that his uncle gifted or forgave payments as part of his estate plan, and that a 28-year payment history reflected a course of dealing that modified the agreement.
The Beadle County jury returned a verdict in favor of the uncle, awarding $172,545 for missed payments and an additional $77,455 in compensatory damages. With prejudgment interest, the total judgment will be around $350,000.
Peterson, one of the law firm's litigation partners, was lead trial counsel and was assisted by Eden, who joined the firm as an associate in 2008.