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WESTOVER v. EAST RIVER ELEC. POWER

No. 17607.

488 N.W.2d 892 (1992)

Mark WESTOVER and Roxann Westover, Plaintiffs and Appellees, v. EAST RIVER ELECTRIC POWER COOPERATIVE, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 1, 1992.

Attorney(s) appearing for the Case

James E. McMahon and Terry N. Prendergast of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiffs and appellees.

William F. Day, Jr., and R. Alan Peterson of Lynn, Jackson, Shultz & Lebrun, Sioux Falls, for defendant and appellant.

GILBERTSON, Circuit Judge.

INTRODUCTION

In this action, plaintiffs sought to recover from the defendant for personal injuries sustained by plaintiff, Mark Westover, and loss of consortium sustained by his wife, Roxann Westover. The defendant appeals from a unanimous jury verdict for the plaintiffs. We affirm.

ISSUES PRESENTED

I.

WAS THE PLAINTIFF, MARK WESTOVER, CONTRIBUTORIALLY NEGLIGENT MORE THAN SLIGHT AS A MATTER OF LAW?...

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