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COOPER v. RANG

No. 25578.

794 N.W.2d 757 (2011)

2011 S.D. 6

Bob COOPER, Plaintiff and Appellant, v. Mallorie RANG, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 9, 2011.

Attorney(s) appearing for the Case

Charles Abourezk , Rebecca Kidder , of Abourezk Law Firm, PC, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Robert L. Morris of Day Morris Law Firm, LLP, Belle Fourche, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Plaintiff was stopped at a stop sign at the bottom of an icy hill. Defendant knew the roads were slippery and saw plaintiff's vehicle, but did not apply her brakes in time to prevent her car from sliding into the rear of plaintiff's minivan. At trial, the plaintiff moved unsuccessfully for a judgment as a matter of law on defendant's negligence, and the jury returned a verdict for defendant. Because there was no issue of contributory...

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