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FECHNER v. CASE

No. 22374.

660 N.W.2d 631 (2003)

2003 SD 37

Benjamin FECHNER, Plaintiff and Appellant, v. Paul E. CASE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 9, 2003.

Attorney(s) appearing for the Case

Nancy Manning, Rapid City, South Dakota, Charles Abourezk of Abourezk Law Office, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Michael K. Sabers and Larry M. Von Wald of Beardsley, Jensen & Von Wald, Rapid City, South Dakota, Attorneys for defendant and appellee.

TIMM, Circuit Judge.

[¶ 1.] When Paul Case (Case) stopped his Lincoln Town Car in the middle of a Rapid City intersection, blocking the path of Benjamin Fechner's (Fechner) Suzuki Esteem, Fechner slammed on the brakes. His Esteem skidded twenty feet, coming to a halt just short of the Town Car's passenger side. Neither vehicle was damaged.

[¶ 2.] Fechner sued Case claiming personal injury and related damages. Case admitted negligence, but denied...

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