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HOSSLE v. FOUNTAIN

No. 20725.

598 N.W.2d 877 (1999)

1999 SD 104

Harlan HOSSLE, Plaintiff and Appellant, v. Kevin FOUNTAIN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 4, 1999.

Attorney(s) appearing for the Case

Harold C. Doyle, David A. Pfeifle, May, Johnson, Doyle & Becker, Sioux Falls, South Dakota, for plaintiff and appellant.

Douglas M. Deibert, Cadwell, Sanford, Deibert & Garry, Sioux Falls, South Dakota, for defendant and appellee.

GILBERTSON, J.

[¶ 1.] Personal injury claimant appeals judgment issued in favor of the defendant. After a trial on liability, the jury found the plaintiff's contributory negligence to be more than slight. The trial court, Sixth Judicial Circuit, Gregory County, granted the defendant's motion for judgment. Plaintiff appeals. We reverse and remand for trial.

FACTS AND PROCEDURE

[¶ 2.] On October...

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