DARTT v. BERGHORST

No. 17526.

484 N.W.2d 891 (1992)

Burton DARTT, Plaintiff and Appellee, v. Henry BERGHORST, and Midwest Transport, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 29, 1992.


Attorney(s) appearing for the Case

Jon J. LaFleur, LaFleur, LaFleur & La-Fleur, Rapid City, for plaintiff and appellee.

Donald A. Porter, Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendants and appellants.


WUEST, Justice.

Dartt brought a negligence cause of action against defendants Midwest Transport, Inc. (Midwest) and Berghorst. The jury found for defendants who now appeal from the circuit court's order granting Dartt a new trial. By notice of review, Dartt appeals the circuit court's order denying his motion for judgment notwithstanding the verdict (J.N.O.V.). We affirm.

On February 26, 1987, Dartt, a state employee, was assigned to operate a snow plow on...

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