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GAILLARD v. JIM'S WATER SERVICE, INC.

No. 07-3160.

535 F.3d 771 (2008)

David GAILLARD, Plaintiff-Appellant, v. JIM'S WATER SERVICE, INC., a Wyoming corporation; Howard Hoyt, an individual, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 1, 2008.

Attorney(s) appearing for the Case

E. Breen Arntz, Mark J. Connot, Las Vegas, NV, for appellant.

Gerald D. Johnson, Rapid City, SD, for appellee, Jim's Water Service, John K. Nooney, Rapid City, SD, for appellee, Howard Hoyt.

Before LOKEN, Chief Judge, BYE and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

David Gaillard was struck and injured by a vehicle driven by Howard Hoyt and owned by Jim's Water Service, Inc. (JWS) while he attempted to repair a parked motorcycle on the shoulder of I-90 near Sturgis, South Dakota. He sued Hoyt and JWS (collectively, "Defendants") for negligence, claiming brain injury, chronic pain from leg injury, and loss of income. The first trial resulted in a mistrial because the jury verdict was not unanimous. The second...

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