Masad v. Weber
South Dakota Supreme Court
772 N.W.2d 144 (2009)
Relevant factsFree
Randall Masad (plaintiff), an employee of a catering company that contracted with the South Dakota Department of Corrections (State) (defendant) to provide prison food service, was severely injured by an improperly supervised inmate while working in the prison. The service contract contained provisions about the security the State would provide, and Masad and his wife sued the State claiming it had breached those security provisions. The trial court granted the State summary judgment, and Masad appealed.
IssueFree
Whether, under South Dakota law, a non-party to a contract may enforce the contract as a third-party beneficiary if the contract was made expressly for the benefit of the non-party.
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