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JUNGE v. JERZAK

Nos. 18362, 18365.

519 N.W.2d 29 (1994)

Lavonne JUNGE and Hiene Junge, Plaintiffs and Appellees, v. John T. JERZAK and F.J. McLaughlin Company, a/k/a, McLaughlin and Schultz, Inc., A Minnesota Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 29, 1994.

Attorney(s) appearing for the Case

Roger W. Ellyson, Ellyson Law Office, Watertown, for plaintiffs and appellees.

R. Greg Bartron, Bartron, Wiles, Rylance & Holgerson, Watertown, for defendants and appellants.

WUEST, Justice.

Defendants John Jerzak and the F.J. McLaughlin Company (hereinafter Jerzak) appeal the circuit court's order granting plaintiffs' LaVonne and Hiene Junge (hereinafter Junge) a new trial. We affirm.

FACTS

On October 3, 1990, Jerzak was driving his employer's pickup truck east on Seventh Avenue Southwest in Watertown, South Dakota. Jerzak stopped in the traffic lane, put his truck into...

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