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FREEMAN v. BERG

Nos. 17521, 17533 and 17541.

482 N.W.2d 32 (1992)

Albert L. FREEMAN and Marcia Freeman, Plaintiffs and Appellants, v. Martin A. BERG, and Jay Cripps and the City of Rapid City, South Dakota, jointly and severally, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 26, 1992.

Rehearing Denied March 26, 1992.

Attorney(s) appearing for the Case

J.M. Grossenburg of Day and Grossenburg, Winner, for plaintiffs and appellants.

James S. Nelson of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for appellee City of Rapid City.

Edward C. Carpenter of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for appellee Jay Cripps.

MILLER, Chief Justice.

This is an appeal in an action wherein the jury awarded Albert Freeman (Freeman) $100,000 damages for injuries he received as a result of a car accident in Rapid City, South Dakota. His wife, Marcia Freeman (Marcia) received a zero verdict for her loss of consortium claim. This appeal is from the trial court's denial of a motion for new trial, grounded principally on inadequate damages, and also on its instruction to the jury on the issue of...

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