Cantaloupe v. VFW

A bartender with asthma sued her employer for worker’s compensation benefits after suffering an attack of constricted breathing, which required a trip to the emergency room and overnight hospitalizations. The state supreme court ruled that it was allowable for the employee to receive worker’s compensation benefits. The court ruled that the employee was not guilty of willful misconduct for working in a smoke-filled environment with her asthmatic condition. The court agreed with the lower court that the employee was eligible for worker’s compensation because the employee’s injury happened at work and her doctor said the smoky environment at work was a major contributing cause of the employee’s injury.


Cantaloupe v. VFW 674 N.W.2d 329 (S.D. 2004).

  • United States
  • Jan 7, 2004
  • Supreme Court of South Dakota



  • James Cantaloupe
  • Jennifer Cantaloupe

Defendant Veterans of Foreign Wars Club ("VFW") of Eureka

Legislation Cited

South Dakota Codified Laws Chapter 62-4 (Compensation for Injury or Death)

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product