American State Bank v. List-Mayer

WOLLMAN, Justice.

This is an appeal from a final judgment in a personal injury action in which plaintiff, the special administrator of the estate of Ann Higbee, deceased,* received a jury verdict of $17,500, and an award from the trial court of $9,385 for prejudgment interest. We affirm the judgment as modified to eliminate the award for prejudgment interest.

The first trial of the action commenced in November of 1980, and the jury returned a verdict for defendant. We reversed and remanded for a new trial; See American State Bank v. Mayer, 326 N.W.2d 110 (S.D. *451982). The second trial, from…