Miller v. Hernandez

520 N.W.2d 266 (1994)

Joyce M. MILLER, Plaintiff and Appellant,

v.

Anthony HERNANDEZ, Defendant and Appellee.

No. 18523.

Supreme Court of South Dakota.

Considered on Briefs May 24, 1994.

Decided August 3, 1994.

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for plaintiff and appellant.

James L. Hoy of Hoy and Hoy, Sioux Falls, for defendant and appellee.

GILBERTSON, Circuit Judge.

ISSUES PRESENTED

I

DOES THE FAILURE OF THE CIRCUIT COURT TO USE A JURY VERDICT FORM ITEMIZING EACH CLAIMED ELEMENT OF DAMAGE VIOLATE SDCL 15-6-49(a) AND DENY THE PLAINTIFF HER RIGHT TO A FAIR TRIAL BY JURY?