Marnette v. Morgan

485 N.W.2d 595, 1992 S.D. LEXIS 67, 1992 WL 101256
CourtSouth Dakota Supreme Court
DecidedMay 13, 1992
Docket17433
StatusPublished
Cited by26 cases

This text of 485 N.W.2d 595 (Marnette v. Morgan) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marnette v. Morgan, 485 N.W.2d 595, 1992 S.D. LEXIS 67, 1992 WL 101256 (S.D. 1992).

Opinions

HENDERSON, Justice

(on reassignment).

NATURE OF ACTION/PARTIES/HOLDING

This appeal centers around a very minor accident. For purposes of clarity and convenience, we shall refer to James Marnette Plaintiff/Appellant, as Marnette. We refer to Stephan Thomas Morgan, defendant, ap-pellee, as Morgan. Marnette was awarded $924.39. He appeals this award based upon an alleged evidentiary error.

Determining there was no abuse of discretion by the trial court in disallowing testimony from a vocational expert, wé affirm.

FACTS

On March 6, 1985, Marnette was injured when the vehicle in which he was a passenger was involved in an accident. Morgan’s vehicle was traveling at approximately 20 [597]*597m.p.h. when he struck a vehicle operated by Susi Weber (Weber), which was traveling in the same direction as Morgan, but had slowed due to congested traffic. Weber’s vehicle was propelled forward by the collision and struck a vehicle, owned by Hanson, in which Marnette was a passenger, at a speed of two miles per hour.

Marnette brought suit against Morgan on March 1, 1988, alleging Morgan was negligent in causing the accident. Mar-nette originally sought damages for pain and suffering in the amount of $30,000.00 and special damages in the amount of $2,500.00. On December 10, 1991, he amended his complaint to include pain and suffering, disability and economic loss in the amount of $250,000.00 and special damages in the amount of $3,000.00.

Prior to trial, Morgan admitted fault in causing the motor vehicle accident on March 6, 1985. The jury was presented with evidence which only related to Mar-nette’s damages. The jury heard testimony from Marnette, his treating physicians, and various experts and other witnesses regarding the extent of Marnette’s damages. The jury returned a verdict of $1,400.00 which was reduced to $924.39, pursuant to SDCL 15-6-68, after Marnette refused an offer of judgment made December 29, 1989.

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Marnette v. Morgan
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Bluebook (online)
485 N.W.2d 595, 1992 S.D. LEXIS 67, 1992 WL 101256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marnette-v-morgan-sd-1992.