Keith D. Carpenter and Sherri Carpenter, Husband and Wife, Plaintiffs and Appellees v. City of Belle Fourche, A…

Summary

The court affirmed the judgment for the Carpenters, holding that the evidence did not establish Keith Carpenter's contributory negligence as a matter of law and that the disputed negligence issues were properly submitted to the jury. It also upheld the trial court's rulings concerning the use of Sherri Carpenter's unsworn statement, the reference to dismissed third-party defendants, the effect of Keith's changed testimony, and the refusal of proposed jury instructions. The court concluded that none of the asserted errors materially prejudiced the defendants.