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CARPENTER v. CITY OF BELLE FOURCHE

Nos. 20901, 20923.

609 N.W.2d 751 (2000)

2000 SD 55

Keith D. CARPENTER and Sherri Carpenter, Husband and Wife, Plaintiffs and Appellees, v. CITY OF BELLE FOURCHE, A Municipal Corporation and John J. Wainman, Jointly and Severally, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 26, 2000.

Attorney(s) appearing for the Case

Edward C. Carpenter and Gregory Strommen of Costello, Porter, Hill, Heisterkamp, Bushnell, & Carpenter, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

Jerry D. Johnson of Banks, Johnson, Colbath & Kerr, Rapid City, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] While speeding to approach and "pace" two motorcycles, a city police officer struck and injured a motorist who was turning at an intersection. Following a trial for negligence against both the city and its officer, the jury found for the motorist. The defendants appeal, contending the motorist was contributorily negligent as a matter of law and the trial court erred in denying their motions for summary judgment, directed verdict, judgment...

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