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WASLAND v. PORTER AUTO & MARINE, INC.

No. 20804.

600 N.W.2d 904 (1999)

1999 SD 134

Larry WASLAND, Plaintiff and Appellee, v. PORTER AUTO & MARINE, INC., Porter Auto & Marine, Inc. D/B/A Porter Auto Body and James W. Porter, Individually, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 13, 1999.

Attorney(s) appearing for the Case

John C. Wiles of Wiles & Rylance, Watertown, South Dakota, for plaintiff and appellee.

Leon J. Vander Linden of Delaney, Vander Linden & Delaney, Webster, South Dakota, for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we must decide whether an owner bore part responsibility for weather damage to his boat while it awaited repairs at the shop. The owner had access to his boat while knowing it was exposed to the elements, but chose to do nothing, believing any damage would be the shop owner's responsibility. The trial court awarded the boat owner full damages. We reverse and remand for a reduction in the award for the owner's failure...

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