BERTNESS v. HANSON

No. 12821.

292 N.W.2d 316 (1980)

Kirk BERTNESS, Plaintiff and Appellant, v. Craig A. HANSON, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 14, 1980.

Rehearing Denied June 6, 1980.


Attorney(s) appearing for the Case

T. R. Pardy of Mumford, Protsch, Sage & Pardy, Howard, for plaintiff and appellant.

J. B. Lammers of Lammers, Lammers, Kleibacker & Casey, Madison, for defendant and appellee.


DUNN, Justice.

Plaintiff Kirk Bertness appeals from a judgment entered in the Circuit Court of the Fourth Judicial Circuit denying recovery for personal injuries allegedly suffered in an automobile accident. We reverse.

On the evening of February 22, 1975, at approximately 9 p. m., Bertness was a passenger in a vehicle driven by Leonard L. Van Pelt. The vehicle was being driven in an easterly direction on South Dakota Highway 34, approximately one mile west...

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