Legal Opinion
Wasland v. Porter Auto & Marine, Inc.
South Dakota Supreme Court
Decided October 13, 1999No. NonePublishedCited by 3 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] In this appeal, we must decide whether an owner bore part responsibility for weather damage to his boat while it awaited repairs at the shop. The owner had access to his boat while knowing it was exposed to the elements, but chose to do nothing, believing any damage would be the shop owner’s responsibility. The trial court awarded the boat owner full damages. We reverse and remand for a reduction in the award for the owner’s failure to mitigate damages. In other respects, the judgment is affirmed.
Facts
[¶ 2.] Larry Wasland’s boat was damaged when a building where it…
2Cases cited19 opinions
- Jensen v. Chicago & Western Indiana RailroadAppellate Court of Illinois · 1981
- State v. LownesSouth Dakota Supreme Court · 1993
- State v. PfaffSouth Dakota Supreme Court · 1990
- Rensch v. Riddle's Diamonds of Rapid City, Inc.South Dakota Supreme Court · 1986
- State v. SmithSouth Dakota Supreme Court · 1991
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3Cited by3 opinions
- Ziegler Furniture & Funeral Home, Inc. v. CicmanecSouth Dakota Supreme Court · 2006
- Weiland v. BumannSouth Dakota Supreme Court · 2025
- Wasland v. Porter Auto & Marine, Inc.South Dakota Supreme Court · 1999