Legal Opinion

Stoltz v. Stonecypher

South Dakota Supreme Court

Decided July 20, 1983No. 14028PublishedCited by 61 opinions

1Opinion of the Court

FOSHEIM, Chief Justice.

This is a personal injury action arising out of an automobile accident in Rapid City. Plaintiff appeals from the order denying her motion for a new trial on the grounds the $10,000 verdict was inadequate. We affirm.

In determining whether the trial court abused its discretion in denying an application for a new trial, we view the evidence in the light most favorable to the verdict. Hanisch v. Body, 77 S.D. 265, 90 N.W.2d 924 (1958). The verdict, although in plaintiff’s favor, was for less than she had claimed.

The accident occurred on the evening of October 20, 1981, at…

2Cases cited13 opinions

  1. Myers v. QuenzerSouth Dakota Supreme Court · 1961
  2. Hanisch v. BodySouth Dakota Supreme Court · 1958
  3. Jensen v. MillerSouth Dakota Supreme Court · 1963
  4. Tufty v. Sioux Transit Co.South Dakota Supreme Court · 1945
  5. Simons v. KiddSouth Dakota Supreme Court · 1950

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

3Cited by61 opinions

  1. First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
  2. Roth v. Farner-Bocken Co.South Dakota Supreme Court · 2003
  3. Biegler v. American Family Mutual Insurance Co.South Dakota Supreme Court · 2001
  4. Bridge v. Karl's, Inc.South Dakota Supreme Court · 1995
  5. Lovell v. Oahe Electric CooperativeSouth Dakota Supreme Court · 1986

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

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