Jill Marie Meyer v. Daryl Johnson

ANDERST, Circuit Judge. This appeal results from two actions which were consolidated for purposes of trial. Robert L. Meyer
as guardian of his minor daughter Jill Marie Meyer sought to recover damages for personal injuries sustained by her as a result
of an automobile accident, and he and his wife, Mary Lou Meyer, also sought to recover medical, hospital and related expenses
incurred by them as a result of the accident. From a jury verdict in favor of the defendant in each case, the plaintiffs appeal. The accident occurred on April 3, 1972, on County Road 308 in Pennington County, South Dakota, between Hill City and Deerfield
Lake. It had snowed the night before the accident, leaving somewhere between two to four inches of freshly fallen snow on
the highway surface. An automobile driven by defendant and owned by his parents was proceeding in a westerly direction. The
other automobile in which plaintiff Jill Marie Meyer was riding in the middle of the front seat was being operated in an easterly
direction by her grandfather Ronald Cornelison. The accident occurred near the crest of a hill. Defendant had just crested
the hill and Ronald Cornelison was still going up the grade on the other side.