United States v. State

SABERS, Justice.

[¶ 1.] Hartzell Propeller (Hartzell) and United States (U.S.) sought contribution from the State for settlements made after the State’s airplane crashed on April 19, 1993. State counterclaimed against Hart-zell for the loss of its airplane. Following a jury trial resulting in a zero verdict on all claims, the trial court granted judgment not withstanding the verdict in favor of State on its counterclaim. Hartzell appeals. We reverse and remand.

FACTS

[¶ 2.] On April 19, 1993, State’s Mitsubishi model MU-2B-36A airplane was en route from Cincinnati, Ohio to Sioux Falls, South…