Treib v. Kern

AMUNDSON, Justice.

Alton Treib (Treib) appeals a jury verdict and judgment for Art Kern (Kern) on Treib’s claim for negligence in a car accident. We affirm.

FACTS

On the morning of August 6, 1990, Treib was involved in a collision with Kern. Treib was driving south at approximately fifteen miles per hour on Main Street of Lemmon, South Dakota. While approaching Kern’s house, Treib noticed a billow of smoke come from the exhaust of Kern’s pickup. As Treib proceeded, Kern backed out of his driveway and hit Treib. Neither Treib nor Kern saw each other at the time of impact. After the accident,…