Cuppy v. Bunch, No. 11192
| Court | Supreme Court of South Dakota |
| Writing for the Court | DOYLE; BIEGELMEIER; WINANS |
| Citation | 214 N.W.2d 786,88 S.D. 22 |
| Parties | Bernice CUPPY, Guardian of the Person and Estate of Pamela Greiner, a minor, et al., Plaintiffs and Respondents, v. Brian D. BUNCH, Defendant and Respondent, and Marlin G. White, Defendant and Appellant. |
| Docket Number | No. 11192 |
| Decision Date | 15 February 1974 |
Page 786
Greiner, a minor, et al., Plaintiffs and Respondents,
v.
Brian D. BUNCH, Defendant and Respondent,
and
Marlin G. White, Defendant and Appellant.
[88 S.D. 23]
Page 787
Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and respondents.Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendant and respondent.
Costello, Porter, Hill, Banks & Nelson, Rapid City, Francis J. Parker, Deadwood, for defendant and appellant.
DOYLE, Justice.
This is an appeal from judgments entered in favor of the plaintiffs on the consolidated trial of six damage claims arising out of a two-car collision.
On July 4, 1970, the defendants, Bunch and White, who were friends and nextdoor neighbors, met in a bar in Lead, South Dakota. While there they decided to meet later in Belle Fourche to go fishing at a stock pond nearby. Bunch left and drove to Belle Fourche. White followed shortly thereafter. The two met again at a Belle Fourche cafe at approximately 1:00 p.m. Bunch then drove them to the fishing pond. Bunch fished for only a short while. He was 'hung over' from his previous night's activities and the heat of the day complicated his [88 S.D. 24] condition. On the trip out and throughout the afternoon, the two imbibed from a gallon thermos jug containing ice, lemonade and a fifth of vodka prepared by White. They left the pond late in the afternoon and upon Bunch's request, White drove back to Belle Fourche while Bunch slept. Arriving at Belle Fourche, White unloaded his gear from Bunch's vehicle into his own. He awakened Bunch with some difficulty. When questioned by White in regard to his condition, Bunch replied to the effect that although he did not feel all right, he did not wish to leave his vehicle in Belle Fourche. White then stated to Bunch, 'follow me' or 'just stay behind me'. White and Bunch then left Belle Fourche, each in his own vehicle, with White in front. At St. Onge, White stopped to check on his friend who, according to White, seemed all right and they continued on. Prior to the collision, the two vehicles came up behind another vehicle. The driver of this vehicle and his wife both testified that the Bunch vehicle would occasionally swerve from the shoulder of the road back out into the opposite lane of travel. This observation caused so much concern that the driver turned off the highway and permitted both vehicles to proceed ahead of him. The collision occurred shortly thereafter. The record indicates that Bunch drove his vehicle across the center line into the path of the plaintiff's vehicle. The collision occurred in such a manner that the plaintiffs had no opportunity to take any action to avoid it.
In suits brought against both Bunch and White, Bunch virtually conceded liability and the jury returned a...
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Barger for Wares v. Cox, No. 14422
...See, e.g., Leslie v. City of Bonesteel, 303 N.W.2d 117 (S.D.1981); Johnson v. Straight's, Inc., 288 N.W.2d 325 (S.D.1980); Cuppy v. Bunch, 88 S.D. 22, 214 N.W.2d 786 (S.D.1974); Ecklund v. Barrick, 82 S.D. 280, 144 N.W.2d 605 (1966); Stoner v. Eggers, 77 S.D. 395, 92 N.W.2d 528 The concepts......
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Berry v. Risdall, Nos. 20071
...Barger for Wares v. Cox, 372 N.W.2d 161, 167 (S.D.1985)); Erickson v. Lavielle, 368 N.W.2d 624, 627 (S.D.1985) (citing Cuppy v. Bunch, 88 S.D. 22, 26, 214 N.W.2d 786, 789 (1974)). In the summary judgment context we have [I]ssues of negligence, contributory and comparative negligence, and pr......
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McGee By and Through McGee v. Chalfant, No. 65123
...kind of services to Chalfant that would cause them to incur liability for Chalfant's subsequent actions. In Cuppy, et al., v. Bunch, White, 88 S.D. 22, 214 N.W.2d 786 (1974), Bunch and White drank lemonade and vodka throughout the day while on a fishing expedition. Bunch slept as they drove......
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Hoekman v. Nelson, No. 21270.
...adopted the Restatement (Second) of Torts § 324A (see Schoenwald v. Farmers Co-op. Ass'n., 474 N.W.2d 519 (S.D.1991) and Cuppy v. Bunch, 88 S.D. 22, 214 N.W.2d 786 (1974)),3 we have not applied it to facts and circumstances present in this case. Hoekman argues § 324A is applicable to these ......
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Barger for Wares v. Cox, No. 14422
...See, e.g., Leslie v. City of Bonesteel, 303 N.W.2d 117 (S.D.1981); Johnson v. Straight's, Inc., 288 N.W.2d 325 (S.D.1980); Cuppy v. Bunch, 88 S.D. 22, 214 N.W.2d 786 (S.D.1974); Ecklund v. Barrick, 82 S.D. 280, 144 N.W.2d 605 (1966); Stoner v. Eggers, 77 S.D. 395, 92 N.W.2d 528 The concepts......
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Berry v. Risdall, Nos. 20071
...Barger for Wares v. Cox, 372 N.W.2d 161, 167 (S.D.1985)); Erickson v. Lavielle, 368 N.W.2d 624, 627 (S.D.1985) (citing Cuppy v. Bunch, 88 S.D. 22, 26, 214 N.W.2d 786, 789 (1974)). In the summary judgment context we have [I]ssues of negligence, contributory and comparative negligence, and pr......
-
McGee By and Through McGee v. Chalfant, No. 65123
...kind of services to Chalfant that would cause them to incur liability for Chalfant's subsequent actions. In Cuppy, et al., v. Bunch, White, 88 S.D. 22, 214 N.W.2d 786 (1974), Bunch and White drank lemonade and vodka throughout the day while on a fishing expedition. Bunch slept as they drove......
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Hoekman v. Nelson, No. 21270.
...adopted the Restatement (Second) of Torts § 324A (see Schoenwald v. Farmers Co-op. Ass'n., 474 N.W.2d 519 (S.D.1991) and Cuppy v. Bunch, 88 S.D. 22, 214 N.W.2d 786 (1974)),3 we have not applied it to facts and circumstances present in this case. Hoekman argues § 324A is applicable to these ......