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WALTER v. FUKS

No. 26088.

820 N.W.2d 761 (2012)

2012 S.D. 62

John Christian WALTER, Plaintiff and Appellee, v. John Edward FUKS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 29, 2012.

Attorney(s) appearing for the Case

Scott G. Hoy , Bram Weidenaar , James L. Hoy of Hoy Trial Lawyers, LLC, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Gary D. Jensen , Jessica L. Larson of Beardsley, Jensen, & Von Wald, LLC, Rapid City, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] While driving a farm tractor down a county road, defendant turned unexpectedly and struck plaintiff's motorcycle as plaintiff was trying to pass on the right. At trial, defendant asserted that plaintiff was driving under the influence of alcohol at the time and was barred from recovering based on contributory negligence and assumption of the risk. A jury returned a verdict for plaintiff. On appeal, we conclude that the circuit court...

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