The SD Supreme Court handed down one decision this morning,
holding, inter alia:
1) Limited Personal Injury Award upheld by 3 Justice Majority
Summary follows:
BRAUN v. WOLLMAN, 2024 S.D. 83: This is an action for personal
injuries sustained when Defendant rear-ended Plaintiff. Plaintiff sought substantial damages for “personal injuries, pain, suffering, mental anguish, and loss of
enjoyment of life.” The jury
awarded $125,000, an amount much lower than requested. The trial court, relying on the business
records exception to the hearsay rule, permitted Defendant to introduce extensive
medical records of the Plaintiff in cross examination of Plaintiff. The SD Supreme Court affirmed in a 3-1-1
ruling. All five Justices agreed that
the trial court erred in the admission of the “contested medical records in their entirety.” (quoted
language from Justice Kern’s opinion, ¶50).
The majority opinion, authored by Justice DeVaney, holds that the error
was not prejudicial. Justice Kern and Justice
Myren filed separate opinions, each expressing the view that prejudicial error
occurred and stating that they would reverse and remand for new trial.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
