Legal Opinion
Miller v. Hernandez
South Dakota Supreme Court
Decided August 3, 1994No. 18523PublishedCited by 58 opinions
1Opinion of the Court
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?
II
BASED ON THE EVIDENCE, MUST THE JURY VERDICT IN FAVOR OF THE PLAINTIFF BE SET ASIDE AS AN INADEQUATE AWARD OF DAMAGES?
FACTS AND PROCEDURE On May 28, 1988 Joyce Miller (hereinafter Plaintiff) and Lynn Miller were injured in an automobile accident when struck by another vehicle driven by the Defendant. This action for personal injuries was instituted in May of 1991.
Pr…
2Cases cited22 opinions
- Doris R. Edwards, Etc., Cross-Appellant v. Sears, Roebuck and Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1975
- At & T Information Systems v. South Dakota State Board of EqualizationSouth Dakota Supreme Court · 1987
- Stormo v. StrongSouth Dakota Supreme Court · 1991
- Schoenrock v. TappeSouth Dakota Supreme Court · 1988
- Bartak v. Bell-Galyardt & Wells, Inc.Court of Appeals for the Eighth Circuit · 1980
17 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- State v. WrightSouth Dakota Supreme Court · 1999
- Grynberg v. Citation Oil & Gas Corp.South Dakota Supreme Court · 1997
- Bridge v. Karl's, Inc.South Dakota Supreme Court · 1995
- State Ex Rel. Department of Transportation v. SpirySouth Dakota Supreme Court · 1996
- LDL Cattle Co., Inc. v. GuetterSouth Dakota Supreme Court · 1996
53 more not listed; retrieve them via the Exa API.