SDCL tit. 15, ch. 26A, app A to Ch. 26A, form 4 - 26A

Current through the 2024 Legislative Session

Form 4 - 26A - APPELLANT'S BRIEF

Cover Page

IN THE SUPREME COURT

STATE OF SOUTH DAKOTA

A.B., Plaintiff and Appellee,

v.

C.D., Defendant and Appellant.

Appeal from the Circuit Court, First Judicial Circuit, Yankton County, South Dakota.

The Hon. ________ Judge presiding.

Appellant's Brief

Names and addresses of attorneys for Appellant and Appellee.

The notice of appeal was filed on the ________ day of ________, 20 ____.

(1) TABLE OF CONTENTS

	Page
Table of authorities	2
Legal issues	3
Statement of case and facts	4
Argument	10
Conclusion	21

(2) TABLE OF AUTHORITIES

Statutes:	Page
SDCL 20-9-2	11
SDCL 32-25-15	12
SDCL 32-26-13	13

Cases:	Page
Anderson v. Huntwork, 66 S.D. 511, 284 N.W. 775.	14
Bogh v. Beadles, 79 S.D. 23, 167 N.W.2d 342.	15
Ford v. Hochstetter, 85 S.D. 4, 176 N.W.2d 501.	18

Secondary Authorities:	Page
Prosser, Torts, Sec. ________, P. ________ 8 Am.Jur.2d, Automobile and Highway Traffic, § ________, p. ________.	19

(3) JURISDICTIONAL STATEMENT

(4) LEGAL ISSUES

I. Does the driver of a motor vehicle approaching an intersection forfeit the right-of-way when traveling at an unlawful rate of speed?

Trial Court. Held in the negative.

II. Should an expert witness be allowed to give reconstruction testimony when there is direct evidence of the event by eye witnesses?

Trial Court. Held in the affirmative.

(5) STATEMENT OF THE CASE AND FACTS

CASE HISTORY

This is an action for personal injuries and property damage arising out of a motor vehicle accident which occurred in the city of Yankton, Yankton County, South Dakota, on ________, 20 ____. Action was commenced by service of Summons and Complaint on ________, 20 ____, in the First Judicial Circuit, Hon. ________ Judge presiding.

The jury returned a verdict for plaintiff in the amount of $ ________. Judgment was entered on ________, 20 ____. Defendant appealed from the judgment by service and filing of a notice of appeal on ________, 20 ____.

STATEMENT OF FACTS

Shortly after noon on ________, 20 ____, a motor vehicle collision occurred at the intersection of Dakota Avenue and 20th Street in the city of Yankton. The plaintiff A.B. was driving his Ford automobile north on Dakota Avenue.

Defendant was driving, etc. ***

(6) ARGUMENT

I. The driver of a motor vehicle approaching an intersection forfeits his right-of-way when traveling at an unlawful rate of speed.

(Each legal issue should be separately argued).

II. An expert witness should not be allowed to reconstruct an accident when there is direct evidence of the event by eyewitness.

(7) CONCLUSION

It is urged that the judgment appealed from be reversed.

Respectfully submitted,

____________________________

Attorney for Defendant-Appellant

(8) APPENDIX (if any)

SDCL tit. 15, ch. 26A, app A to Ch. 26A, form 4 - 26A

Supreme Court Rule 79-1, Rule 17.