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JOSEPH v. KERKVLIET

No. 21988.

642 N.W.2d 533 (2002)

2002 SD 39

Albert W. JOSEPH and Elderly and Disabled Services, Inc., Plaintiffs and Appellants, v. Jayne F. KERKVLIET and Convent of Sacred Heart a/k/a Benedictine Sisters, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 20, 2002.

Attorney(s) appearing for the Case

Terry L. Pechota of Viken, Viken, Pechota, Leach & Dewell, Rapid City, South Dakota, for plaintiffs and appellants.

Michael F. Marlow, Shiela F. Woodward of Johnson, Heidepriem, Miner, Marlow & Janklow, Yankton, South Dakota, for defendants and appellees.

KONENKAMP, Justice.

[¶ 1.] This appeal challenges two decisions of the trial court, first, that certain evidence was improperly excluded from the jury's consideration, and, second, that, in this motor vehicle accident case, cost-of-replacement, not cost-of-repair, should have been the proper measure of damages. We affirm.

A.

[¶ 2.] On September 6, 1995, Albert Joseph, along with his sister...

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