South Dakota Supreme Court
Burton Dartt, Plaintiff and Appellee v. Henry Berghorst, and Midwest Transport, Inc., Defendants and Appellants
April 29, 19921992 S.D. LEXIS 54
Summary
The court upheld the order granting Dartt a new trial because the jury was not instructed that the defendants bore the burden of proving a legal excuse for violating applicable safety statutes. It also held that the evidence could not support a finding that Berghorst's violations were legally excused, reversed the denial of judgment notwithstanding the verdict, and directed entry of judgment for Dartt on liability followed by a trial limited to damages.