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FREY v. KOUF

No. 17547.

484 N.W.2d 864 (1992)

Rick FREY, Plaintiff and Appellant, v. Kerry KOUF, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 22, 1992.

Attorney(s) appearing for the Case

Mitchell D. Johnson, Rapid City, for plaintiff and appellant.

Wally Eklund of Johnson, Eklund and Davis, Gregory, and Gary G. Colbath of Banks, Johnson & Colbath, Rapid City, for defendant and appellee.

WUEST, Justice.

Plaintiff Frey (Frey) brought a cause of action against Defendant Kouf (Kouf) on the alternate theories of "intentional assault" (battery) and "negligent assault" (negligence). The matter was tried before a jury. The jury found in favor of Kouf, and the trial court entered a judgment dismissing the plaintiff's complaint. Frey made a timely motion for new trial and, in the alternative, for a judgment notwithstanding the verdict. The trial court denied...

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