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KAPPENMAN v. STROH

No. 23456.

704 N.W.2d 36 (2005)

2005 SD 96

Dominic D. KAPPENMAN, Plaintiff and Appellant, v. Doug STROH and Thomas Troy Spitzer, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 31, 2005.

Attorney(s) appearing for the Case

Lee C. "Kit" McCahren of Olinger, Lovald & Reimers Pierre, SD, for plaintiff and appellant.

Roy A. Wise of Richardson, Wyly, Wise, Sauck & Hieb, Aberdeen, SD, for defendant and appellee, Stroh.

Larry M. Von Wald of Beardsley, Jensen & Von Wald, Rapid City, SD, for defendant and appellee, Spitzer.

TIMM, Circuit Judge.

[¶ 1.] The genesis of this case is a mid-afternoon meeting of two vehicles at the top of a hill on a gravel road in McPherson County. Neither vehicle was speeding. Neither driver was aware of the other's presence on the road prior to the hilltop encounter. Upon visual contact, both drivers steered right. The pickup driven by Doug Stroh (Stroh) continued safely on. The Jeep in which Dominic Kappenman (Kappenman) was riding, driven by Thomas...

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