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BERRY v. RISDALL

Nos. 20071, 20076.

576 N.W.2d 1 (1998)

1998 SD 18

Donna C. BERRY, Plaintiff and Appellee, v. Barry L. RISDALL, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 25, 1998.

Attorney(s) appearing for the Case

Jack Delaney and Rebecca Porter of Estes, Porter & Delaney, Rapid City, for plaintiff and appellee.

Curt Ireland, Rapid City, for defendant and appellant.

GILBERTSON, Justice.

[¶ 1.] Barry L. Risdall (Risdall) appeals a Seventh Judicial Circuit order granting Donna C. Berry's (Berry) motion for new trial on the issues of liability, compensatory, and punitive damages after a jury verdict was returned in her favor setting no monetary damages. Additionally, Berry has filed a notice of review claiming that should the grant of a new trial be affirmed, such trial should be limited to damages. We affirm.

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