Joseph v. Kerkvliet

KONENKAMP, Justice.

[¶ 1.] This appeal challenges two decisions of the trial court, first, that certain evidence was improperly excluded from the jury’s consideration, and, second, that, in this motor vehicle accident case, cost-of-replacement, not cost-of-repair, should have been the proper measure of damages. We affirm.

A

[¶ 2.] On September 6, 1995, Albert Joseph, along with his sister, Elizabeth, and his daughter, Andrea, traveled from Wagner to Yankton in a van owned by Elderly and Disabled Services, Inc. (EDSI). As they entered the Yankton city limits, a vehicle, owned by defendant…