Michael D. BornitzPartner
Michael D. Bornitz
Mike was recently named the 2020 South Dakota Trial Lawyer of the Year. He was raised to be a hard worker and stand up for people who need help. Mike has built a practice representing people and small businesses who have been injured and mistreated. He focuses on litigation in the areas of personal injury, insurance bad faith, products liability, wrongful death, worker’s compensation, and in business and estate litigation. He has tried nearly 50 cases in state and federal courts and administrative agencies in South Dakota, Minnesota, Iowa and Nebraska, and argued cases before the South Dakota Supreme Court and the Eighth Circuit Court of Appeals. Mike is an aggressive and tireless advocate for his clients. He has obtained substantial settlements and judgments, recovering millions of dollars for his clients by helping to enforce safety rules and holding those who break them accountable.
Mike is a native of Yankton, South Dakota. He graduated with honors from the University of South Dakota with degrees in history and political science in 1992. Mike received a Master of Public Administration degree in 1994, and he graduated from the University of South Dakota School of Law in 1996. During law school, Mike served as a teaching assistant and was a member of the law school’s Moot Court Board.
Following law school, Mike served as a law clerk in Aberdeen, South Dakota. He then practiced law in Yankton before joining Cutler Law Firm, LLP in 2000. Mike is licensed to practice in state and federal courts in South Dakota and Nebraska and in the United States Court of Appeals for the Eighth Circuit. He is a member of the American Bar Association, the American Association for Justice, the South Dakota Trial Lawyers Association, and the Second Circuit Bar Association. Mike serves on the South Dakota State Bar’s Civil Pattern Jury Instructions Committee and is a director of the State Bar’s Tort, Insurance and Trial Law Section and the Worker’s Compensation Section. Mike is also involved with a number of charitable organizations in the Sioux Falls community. Because of his numerous recoveries of more than $1 million, Mike has become a member of the Multi-Million Dollar Advocates Forum®. Mike also has an AV® Preeminent peer review and client review rating from Martindale-Hubbell, the highest rating an attorney can receive.
Representative Cases and Settlements
$4,750,000 Personal Injury
$2,400,000 Motor Vehicle Collision
$2,100,000 Product Liability
$1,900,000 Fraud and Breach of Contract
$1,700,000 Breach of Business Contract
$1,500,000 Premises Liability
$1,250,000 Motor Vehicle Collision
$1,000,000 Motor Vehicle Collision
$1,000,000 Breach of Insurance Contract
$850,000 Breach of Insurance Contract
$775,000 Semi-Tractor Collision
$715,000 Motorcycle Collision
$700,000 Semi-Tractor Collision
$610,000 Breach of Contract
$600,000 Motor Vehicle Collision
$575,000 Motor Vehicle Collision
$540,000 Motor Vehicle Collision
$500,000 Motor Vehicle Collision
$480,000 Worker’s Compensation
$430,000 Motor Vehicle Collision
$410,000 Worker’s Compensation
$400,000 Premises Liability
$400,000 Medical Negligence
Mike’s clients have received hundreds of settlements and verdicts less than $400,000.
- University of South Dakota (B.S. History, with honors, 1992)
- University of South Dakota (M.P.A, 1994)
- University of South Dakota School of Law (J.D., 1996)
- South Dakota (1996)
- United States District Court for the District of South Dakota (1998)
- Nebraska (1999); United States Court of Appeals for the Eighth Circuit (2004)
- United States District Court for the District of Nebraska (2005)
- American Bar Association
- South Dakota Bar Association (Member, Civil Pattern Jury Instructions Committee Director, Worker’s Compensation Committee Tort, Insurance and Trial Lawyers Section)
- Nebraska State Bar Association; Second Circuit Bar Association
- South Dakota Trial Lawyers Association (Sustaining Member; Amicus Committee)
- American Association for Justice
- Mult-Million Dollar Advocates Forum
- Martindale-Hubbell AV® PreeminentTM
Areas of Practice
- Business & Commercial Litigation
- Civil Litigation
- Insurance Bad Faith
- Medical Malpractice
- Personal Injury
- Products Liability
- Workers Compensation
- Wrongful Death
Recent Articles & News
Cutler Law Firm, LLP attorney Mike Bornitz recently published an article in the South Dakota Trial Lawyers Association's newsletter titled Medical Records Requests Using the HITECH Act. The text of the article is included below. Like many of you, we have received...
On February 22, 2018, a rural South Dakota jury returned a $900,000.00 verdict for Cutler Law Firm, LLP Attorneys Michael Bornitz and Sam Krystosek and their client in a car collision lawsuit. The plaintiff, a construction contractor, was injured when a commercial...
Cutler Law Firm, LLP attorneys Kent Cutler, Mike Bornitz and Kim Wassink were successful in challenging the circuit court’s decision in Stern Oil Company, Inc. v. James Brown d/b/a Exxon Goode to Go and Freeway Mobil. The case involved a breach of contract action...
Sioux Falls, South Dakota - Judge Karen Schreier, a federal judge in Sioux Falls, South Dakota, allowed a lawsuit against the Yankton Medical Clinic to proceed when Cutler Law Firm, LLP attorneys Mike Bornitz and Bob Trzynka argued that the Yankton Medical Clinic...
On October 23, 2015, Cutler Law Firm attorneys Mike Bornitz and Bob Trzynka received a major ruling compelling the production of hospital records typically protected by the peer review privilege. Attorneys Bornitz and Trzynka, along with Tim James of James and Larson...
Cutler Law Firm attorney Mike Bornitz recently completed a jury trial against the Hartford Farmer’s Elevator. The Minnehaha County determined that the Hartford Farmer’s Elevator negligently applied chemicals to two fields, resulting in the death of over 200 nearby...
Cutler & Donahoe attorney Mike Bornitz recently won a jury verdict in favor of a local Sioux Falls resident injured in an automobile collision. The insurance company’s highest pre-trial settlement offer was $20,000. Attorney Bornitz’s last pre-trial settlement demand...