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MILLER v. HERNANDEZ

No. 18523.

520 N.W.2d 266 (1994)

Joyce M. MILLER, Plaintiff and Appellant, v. Anthony HERNANDEZ, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 3, 1994.

Attorney(s) appearing for the Case

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for plaintiff and appellant.

James L. Hoy of Hoy and Hoy, Sioux Falls, for defendant and appellee.

GILBERTSON, Circuit Judge.

ISSUES PRESENTED I. DOES THE FAILURE OF THE CIRCUIT COURT TO USE A JURY VERDICT FORM ITEMIZING EACH CLAIMED ELEMENT OF DAMAGE VIOLATE SDCL 15-6-49(a) AND DENY THE PLAINTIFF HER RIGHT TO A FAIR TRIAL BY JURY? II. BASED ON THE EVIDENCE, MUST THE JURY VERDICT IN FAVOR OF THE PLAINTIFF BE SET ASIDE AS AN INADEQUATE AWARD OF DAMAGES?

FACTS AND PROCEDURE

On May 28, 1988 Joyce Miller ...

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