Lien v. McGladrey & Pullen

A fair jury trial was held and a verdict was entered for the Liens and against McGladrey & Pullen. McGladrey filed a Motion for Judgment NOV or, alternatively, a new trial, which motion was denied. Full proceedings were had at the trial court level.

It is the function of the jury to determine credibility of witnesses. Mash v. Cutler, 488 N.W.2d 642 (S.D.1992). A jury is entitled to accept the version of facts as testified to by one of the parties and reject the other side’s testimony. Farmers State Bank v. Westrum, 341 N.W.2d 631 (S.D.1983). This Court should not seek reasons to reverse. Lytle…