DAVIS v. KNIPPLING

No. 19875.

576 N.W.2d 525 (1998)

1998 SD 31

Jeffrey A. DAVIS and Susan K. Davis, Plaintiffs and Appellants, v. Susan Rae KNIPPLING, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 1, 1998.


Attorney(s) appearing for the Case

Patrick T. Dougherty of Johnson, Eklund, Nicholson & Dougherty, and Rita Allen of Hagen, Wilka & Archer, Sioux Falls, for plaintiffs and appellants.

Michael J. Schaffer and Melissa C. Hinton of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.


KONENKAMP, Justice.

[¶ 1.] Drivers must slow to fifteen miles-per-hour when approaching an intersection if they have an obstructed view of other vehicles entering the intersection. Was the trial court correct in applying this rule to an intersection on a through highway? Because such highways are designed to allow traffic to maintain constant speed, we conclude the obstructed view rule was inapplicable. The court also erred in instructing the jury that failure...

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