DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073160P.pdf 08/01/2008 David Gaillard v. Jim's Water Service, Inc.
U.S. Court of Appeals Case No: 07-3160
U.S. District Court for the District of South Dakota
[PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Colloton,
Circuit Judge]
Civil case - torts. In suit in which plaintiff alleged defendant's driver
was negligent when he struck plaintiff and his parked motorcycle, district
court did not err in instructing the jury on contributory negligence,
assumption of risk and legal excuse; district court did not abuse its
discretion in permitting defendant to introduce plaintiff's tax returns as
they were relevant to his damages, as well as his credibility.