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BOOMSMA v. DAKOTA, MINNESOTA & EASTERN R.R.

No. 21901.

651 N.W.2d 238 (2002)

2002 SD 106

Julie BOOMSMA, Steve Boomsma and Erica Boomsma, Plaintiffs and Appellees, v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 21, 2002.

Rehearing Denied October 3, 2002.

Attorney(s) appearing for the Case

Steven Johnson and Matthew T. Tobin of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Brian J. Donahoe and Michael D. Bornitz of Cutler and Donahoe, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

WILBUR, Circuit Judge.

[¶ 1.] Julie and Erica Boomsma sustained injuries while driving through the town of Wolsey, South Dakota. Their car struck a flatbed railway car owned and operated by Dakota, Minnesota and Eastern Railroad Corporation. A jury awarded $1,081,655.28 for total damages resulting from this accident.1 Dakota, Minnesota and Eastern Railroad appeals. We affirm.

FACTS

[¶ 2.] Dakota, Minnesota and...

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