State v. Fryer, 496 N.W.2d 54 (S.D. 1993)

Cases | State v. Fryer, 496 N.W.2d 54 (S.D. 1993) | 2018

The defendant pled guilty to aggravated assault and was ordered to pay restitution to the victim and to the victim’s insurance company. The defendant appealed the portion of the judgment requiring him to pay restitution to the insurer. The court reversed the order. The ordinary and popular meaning of “victim” does not include insurance companies that suffer indirect damages because they pay their insured’s claims. The State did not prove that the legislature intended to use the term “victim” in a manner different than its ordinary and popular meaning. The insurer was not a “victim” in the ordinary and popular sense of the word.
questioned by State v. Galligo, 551 N.W.2d 303 (S.D. 1996)