Legal Opinion

Delzer v. Penn

South Dakota Supreme Court

Decided July 5, 1995No. 18890PublishedCited by 15 opinions

1Opinion of the Court

GILBERTSON, Justice.

Penn and Delzers’ uninsured motorist insurance carrier appeal from an order granting Delzers’ motion for a new trial. Appellants contend the trial court did not err in instructing the jury that SDCL 32-26-18 applied to a left-turn from a two-lane highway onto a private drive. We reverse.

FACTS

Sharon Delzer was travelling north on Highway 85 near Spearfish on February 17, 1991 at approximately 4:30 p.m in her 1988 Buick LeSabre. Highway 85 is a two-lane asphalt road with gravel shoulders. Sharon and Roger Delzer live approximately one and one-half miles west of Highway 85 on…

2Cases cited24 opinions

  1. Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
  2. Schmidt v. Wildcat Cave, Inc.South Dakota Supreme Court · 1977
  3. Sander v. Geib, Elston, Frost Professional Ass'nSouth Dakota Supreme Court · 1993
  4. Meyerink v. Northwestern Public Service Co.South Dakota Supreme Court · 1986
  5. At & T Information Systems v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1987

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3Cited by15 opinions

  1. Dakota, Minnesota & Eastern Railroad v. AcuitySouth Dakota Supreme Court · 2009
  2. Maynard v. HeerenSouth Dakota Supreme Court · 1997
  3. Poelstra v. Basin Electric Power CooperativeSouth Dakota Supreme Court · 1996
  4. Tunender v. MinnaertSouth Dakota Supreme Court · 1997
  5. State v. SchroederSouth Dakota Supreme Court · 2004

10 more not listed; retrieve them via the Exa API.

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