Nature of the Case
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Facts
Several friends, including Chris Stethem and Michael Goepfert, began celebrating the annual 'Hobo Day' homecoming at South Dakota State University. A group of six left for downtown. Stethem drove. Goepfert was in the front passenger seat, another man sat between them, and the remaining three were in the backseat. They approached an intersection with a red traffic light. Stethem slowed but never stopped. A passenger in the back told Stethem, 'Let us out. Let us out right here.' Goepfert said nothing, but others joined in, wanting to be dropped off near the bar, so they would not have to walk back from where they would park. Stethem replied, 'No, we'll all walk up there.' One passenger persisted, and Stethem said, 'If you want to get out, get out.' They were still moving at approximately 10 to 15 miles per hour when the light turned green. Stethem began to accelerate normally. According to everyone in the car, at the moment of acceleration, Goepfert simultaneously, without a word, opened the car door and jumped out. When his feet hit the roadway, he flipped over backward, causing his head to strike the pavement. Stethem pulled over on the other side, and all ran back to help their friend. Goepfert was unconscious. He was taken by ambulance to Brookings Hospital, treated and released. Concerned friends watched him through the night to monitor his condition. In the morning, they took him back to the hospital when he became unresponsive. Doctors then discovered a skull fracture and intracranial hemorrhaging. Goepfert was rushed by air ambulance to a hospital in Sioux Falls, where he died the next day. Ps sued Stethem (D) and certain medical providers. Stethem (D) moved for summary judgment. the circuit judge granted the motion. Ps appealed.
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