Dartt v. Berghorst

WUEST, Justice.

Dartt brought a negligence cause of action against defendants Midwest Transport, Inc. (Midwest) and Berghorst. The jury found for defendants who now appeal from the circuit court’s order granting Dartt a new trial. By notice of review, Dartt appeals the circuit court’s order denying his motion for judgment notwithstanding the verdict (J.N.O.Y.). We affirm.

On February 26, 1987, Dartt, a state employee, was assigned to operate a snow plow on the left hand shoulder of Interstate 90 East, commencing at Wall, South Dakota. An additional snow plow was assigned to work the right hand…