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DELZER v. PENN

No. 18890.

534 N.W.2d 58 (1995)

Sharon DELZER and Roger Delzer, Plaintiffs and Appellees, v. Barry PENN and United Fire and Casualty Company, an Iowa Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 5, 1995.

Rehearing Denied August 9, 1995.

Attorney(s) appearing for the Case

Bradley A. Schreiber of Quinn, Eiesland, Day & Barker, Belle Fourche, for plaintiffs and appellees.

Gene N. Lebrun of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, for defendants and appellants.

GILBERTSON, Justice.

Penn and Delzers' uninsured motorist insurance carrier appeal from an order granting Delzers' motion for a new trial. Appellants contend the trial court did not err in instructing the jury that SDCL 32-26-18 applied to a left-turn from a two-lane highway onto a private drive. We reverse.

FACTS

Sharon Delzer was travelling north on Highway 85 near Spearfish on February 17, 1991 at approximately 4:30 p.m in her 1988 Buick...

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