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AMERICAN STATE BANK v. LIST-MAYER

No. 14285.

350 N.W.2d 44 (1984)

AMERICAN STATE BANK, Trust Department, Special Administrator of the Estate of Ann Higbee, Plaintiff and Appellee, v. Lynette A. LIST-MAYER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 29, 1984.

Attorney(s) appearing for the Case

Steven M. Johnson of Brady, Kabeiseman, Reade, Abbott & Johnson, Yankton, for plaintiff and appellee.

James E. Doyle of Doyle, Bierle, Porter & Kennedy, Yankton, for defendant and appellant.

WOLLMAN, Justice.

This is an appeal from a final judgment in a personal injury action in which plaintiff, the special administrator of the estate of Ann Higbee, deceased,* received a jury verdict of $17,500, and an award from the trial court of $9,385 for prejudgment interest. We affirm the judgment as modified to eliminate the award for prejudgment interest.

The first trial of the action commenced in November of 1980, and the...

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