Bertness v. Hanson

DUNN, Justice.

Plaintiff Kirk Bertness appeals from a judgment entered in the Circuit Court of the Fourth Judicial Circuit denying recovery for personal injuries allegedly suffered in an automobile accident. We reverse.

On the evening of February 22, 1975, at approximately 9 p. m., Bertness was a passenger in a vehicle driven by Leonard L. Van Pelt. The vehicle was being driven in an easterly direction on South Dakota Highway 34, approximately one mile west of the city limits of Madison, Lake County, South Dakota. At the same time, defendant Craig A. Hanson was driving a 1967 Pontiac Lemans…