Legal Opinion · Concurrence
Wangsness v. Builders Cashway, Inc.
South Dakota Supreme Court
Decided February 10, 2010No. 24921, 24930, 25062Published
1ConcurrenceZinter, Justice
[¶ 36.] I join the opinion of the Court on all issues except assumption of the risk. On that issue, I concur in result. In my view, there was insufficient evidence for an assumption of the risk instruction. Nevertheless, because of the general verdict form, Wangsness has not established reversible error. See Majority Opinion note 2.
[¶ 37.] A circuit court may only give those instructions that are supported by evidence. Miller v. Baken Park, Inc., 84 S.D. 624, 631, 175 N.W.2d 605, 609 (1970); Orrison v. City of Rapid City, 76 S.D. 145, 156, 74 N.W.2d 489, 495 (1956). There*146fore, to get an…
2Cases cited7 opinions
- Miller v. Baken Park, Inc.South Dakota Supreme Court · 1970
- Bartlett v. GreggSouth Dakota Supreme Court · 1958
- Thomas v. St. Mary's Roman Catholic ChurchSouth Dakota Supreme Court · 1979
- Charles H. NOVAK, Jr., Appellant, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, AppelleeCourt of Appeals for the Eighth Circuit · 1995
- Orrison v. City of Rapid CitySouth Dakota Supreme Court · 1956
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