South Dakota Supreme Court

Michael D. Bridge and Vicky A. Bridge, Plaintiffs and Appellants v. Karl’s, Inc., Defendant and Appellee

October 11, 19951995 S.D. LEXIS 122

Summary

The court held that Karl's admission of legal liability admitted its driver's negligence but left proximate cause and damages for the jury, which could reject the plaintiffs' causation and injury claims despite their expert testimony. The court therefore affirmed denial of judgment notwithstanding the verdict and a new trial, while reversing and remanding the taxation of costs because the parties agreed the amount was incorrect. Moses, Circuit Judge, dissenting, would have treated the admission as removing liability from the jury and ordered a new trial limited to damages.