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THOMPSON v. MEHLHAFF

Nos. 23229, 23230.

698 N.W.2d 512 (2005)

2005 SD 69

Kathleen M. THOMPSON, As Personal Representative of the Estate of Terry L. Thompson, Plaintiff and Appellee, v. Larry MEHLHAFF d/b/a Mehlhaff Construction and d/b/a Mehlhaff Trucking, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 8, 2005.

Rehearing Denied July 13, 2005.

Attorney(s) appearing for the Case

Jack Theeler and Douglas M. Dailey of Morgan, Theeler, Wheeler, Cogley & Petersen, Mitchell, South Dakota, Attorneys for plaintiff and appellee.

Gary P. Thimsen and Jennifer L. Wollman of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

GORS, Circuit Judge.

[¶ 1.] Terry Thompson's wife, Kathleen, on behalf of his estate (Thompson), sued Mehlhaff Trucking (Mehlhaff) for the wrongful death of her husband following a two-truck collision. The jury found Thompson to be contributorily negligent more than slight and entered a zero damage award. The trial court granted Thompson's motion for judgment notwithstanding the verdict on the jury's finding of contributory negligence more than slight but let...

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