49-13-1.1. Complaint to commission or suit by private person--Election of remedies.Any person claiming to be damaged by any telecommunications company or motor carrier may either make complaint to the commission or may bring suit on his own behalf for the recovery of damages in any court of competent jurisdiction in this state, but no person may pursue both remedies at the same time. Source: SDC 1939, §52.0215; SDCL, §49-3-23; SL 1987, ch 345, §18.
South Dakota Legal Code