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SCHMIDT v. ROYER

No. 19949.

574 N.W.2d 618 (1998)

1998 SD 5

Mary SCHMIDT, Individually and as Personal Representative of the Estate of Clifford Schmidt, Deceased, and Rosen'S Diversified, Inc., Plaintiffs and Appellants, v. Merle Douglas ROYER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 14, 1998.

Attorney(s) appearing for the Case

Michael L. Wagner of Wheeler Wolf Law Firm, Bismarck, ND, Thomas M. Frankman of Davenport, Evans, Hurwitz & Smith, Sioux Falls, and Jeff Rotering, Hettinger, ND, for plaintiffs and appellants.

Donald R. Shultz, Steven J. Oberg of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendant and appellee.

SABERS, Justice.

[¶ 1.] Wife of man killed in motor vehicle accident appeals the denial of her motions for new trial and judgment notwithstanding the verdict after jury found for defendant in wrongful death action. She claims the trial court erred by refusing to allow (1) cross-examination pertaining to statutory minimum braking requirements, (2) a jury instruction thereon, and (3) a jury instruction on the "left-turn" law. She also claims that defendant's negligence...

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