Gary D. Jensen

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 highest 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 Awards and Honors Honors Trial Lawyer of the Year, South Dakota Trial Lawyer Association, 1993

• Attorney

• Johns vs. Black Hills Power, Inc,
• Citation: 2006 SD 85
• Court: S.D.
• Year: 2006
• Rancour vs. Golden Reward Mining Co.
• Citation: 2005 S.D. 28
• Year: 2005
• Frankenfeld vs. Crompton et al
• Citation: 697 N.W.2d 378
• Rothenberger v. Wharf, #22607
• Year: 2003
• Cleveland et al v. FMG, Inc. and others
• Court: S.D. 54
• Serial Number: 2003356062
• Fulmer v. State Farm Ins. co.
• Citation: 514 NW2d 861
• Year: 1994
• Serial Number: 1994079028
• Fulmer v. State Farm Ins. Co.
• Citation: 498 NW2d 357
• Year: 1993
• Serial Number: 1993078635
• Matter of Certification of Question of Law from U.S. Dist. Court, Dist. of South Dakota, Western Div.
• Citation: 369 N.W.2d 658
• Year: 1985
• Serial Number: 1985131820
• Zacher v. Budd Co.
• Citation: 396 N.W.2d 122
• Year: 1986
• Serial Number: 1986153646
• Matter of Certification of a Question of Law from U.S. Dist. Court, Dist. of South Dakota, Southern Division
• Citation: 387 N.W.2d 42
• Serial Number: 1986124048
• National Bank of South Dakota v. Leir
• Citation: 325 N.W.2d 845
• Year: 1982
• Serial Number: 1982147468
• Walter v. Fuks, 820 N. W.2d 761 (S.D. 2012)
• Perdue, Inc. v. Rounds, 782 N.W.2d 375 (S.D. 2010)
• Casey Ranch Limited Partnership v. Casey, 773 N.W.2d 816 (S.D. 2009)
• Hammonds v. Hartford Fire Ins. Co., 501 F.3d 991 (8th Cir. 2007)

• South Dakota, 1978
• U.S. Federal Courts, 1978
• U.S. Supreme Court, 1983
• Rosebud Sioux Tribal Court
• Cheyenne Sioux Tribal Court

• South Dakota Trial Lawyers Association, 1979 - Present
• South Dakota Trial Lawyers Association, 1988 - 1999 (Board Member)
• South Dakota Trial Lawyers Association, 1990 - 1991 (President)
• State Bar of South Dakota, Civil Pattern Jury Instructions Committee Chairman
• State Bar of South Dakota, Negligence and Tort Law Committee
• American Bar Association
• Professional Fellowship American Board of Trial Advocates