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ZACHER v. BUDD CO.

No. 14483.

396 N.W.2d 122 (1986)

James H. ZACHER and Judy Ann Zacher, Plaintiffs and Appellants, v. The BUDD COMPANY, Yellowstone Molasses Service, Incorporated, and Dixon Brothers, Incorporated, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 29, 1986.

Rehearing Denied December 8, 1986.

Attorney(s) appearing for the Case

Franklin J. Wallahan of Wallahan Law Offices, Rapid City, for plaintiffs and appellants.

Thomas E. Simmons of Bangs, Mc Cullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee The Budd Co.

Edward C. Carpenter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendant and appellee Yellowstone Molasses Service, Inc.

Gary D. Jensen of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendant and appellee Dixon Brothers, Inc.

SABERS, Justice (on reassignment).

This appeal arises from the final judgment entered upon the jury's verdict, the trial court's denial of plaintiff's motion for new trial, and orders awarding costs to defendants. We reverse and remand.

James Zacher (Zacher), an employee of the Windmill Truck Stop in Rapid City, South Dakota (Windmill), was injured on August 2, 1978, when a multi-piece truck wheel exploded during remounting. Zacher filed an action for damages...

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