BALLARD v. HAPPY JACK'S SUPPER CLUB

No. 15649.

425 N.W.2d 385 (1988)

Monica BALLARD, Executrix of the Estate of Leo Ballard, Deceased, and Monica Ballard, on Her own Behalf, Plaintiff and Appellant, v. HAPPY JACK'S SUPPER CLUB, Mary Ann O'Malley, Larry O'Malley, Betty O'Malley and Eldora O'Malley, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 15, 1988.


Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund & Davis, Gregory, for plaintiff and appellant.

Steven M. Johnson and Michael F. Marlow of Brady, Reade & Johnson, Yankton, for defendants and appellees.


HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES ON APPEAL

Monica Ballard (Appellant) initiated a negligence action against Happy Jack's Supper Club and the partners (O'Malleys) who owned it, after her husband, Leo Ballard (Ballard), now deceased, fell in the Club's parking lot, breaking both of his arms. A jury trial was held in the circuit court for Yankton County. Verdict was returned for the defendants. Appellant alleges error below, creating two issues...

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