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CRUZ v. GROTH

No. 24824.

763 N.W.2d 810 (2009)

2009 SD 19

Reynaldo CRUZ, Plaintiff and Appellee, v. Terrance E. GROTH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 18, 2009.

Attorney(s) appearing for the Case

J.M. Grossenburg, Winner, South Dakota, Attorney for plaintiff and appellee.

Timothy A. Clausen of Klass Law Firm, LLP, Sioux City, Iowa, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] In this personal injury action, the defendant appeals a verdict for the plaintiff on the ground that the trial court erred when it prohibited the defense from using the plaintiff's medical insurance coverage to rebut the plaintiff's testimony that he did not seek further medical care because he could not afford it. Defendant argues for an exception to the collateral source rule when parties volunteer their financial circumstances before...

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