1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 598 N.W.2d
  5. 598 N.W.2d 221 (1999)
 

WANGSNESS v. ALDINGER

No. 20679.

598 N.W.2d 221 (1999)

1999 SD 103

Sylvia Joann WANGSNESS as Special Administratrix of the Estate of DeWayne E. Wangsness, Deceased, Plaintiff and Appellant, v. Bobby Alan ALDINGER Defendant, and Allstate Insurance Company, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, South Dakota, attorneys for plaintiff and appellant.

Paul S. Swedlund, J. Crisman Palmer of Gunderson, Palmer, Goodsell & Nelson, LLP, Rapid City, South Dakota, attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In this appeal, we must decide if, absent testimony from the person who performed the analysis, a coroner's record of a blood alcohol test result was admissible against the decedent's estate in a wrongful death action. We conclude that under both the public and business records exceptions to the hearsay rule, the test result was properly admitted. We also affirm the trial court's jury instruction on the blood alcohol presumption as...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases