TREIB v. KERN

No. 18275.

513 N.W.2d 908 (1994)

Alton TREIB, Plaintiff and Appellant, v. Art KERN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 30, 1994.


Attorney(s) appearing for the Case

Kenneth E. Barker and Brad A. Schreiber of Quinn, Eiseland, Day & Barker, Belle Fourche, for plaintiff and appellant.

Curt Ireland, Rapid City, for defendant and appellee.


AMUNDSON, Justice.

Alton Treib (Treib) appeals a jury verdict and judgment for Art Kern (Kern) on Treib's claim for negligence in a car accident. We affirm.

FACTS

On the morning of August 6, 1990, Treib was involved in a collision with Kern. Treib was driving south at approximately fifteen miles per hour on Main Street of Lemmon, South Dakota. While approaching Kern's house, Treib noticed a billow of smoke come from the exhaust of Kern's pickup....

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