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BAKER v. CONTINENTAL WESTERN INS. CO.

No. CIV. 90-5063.

748 F.Supp. 716 (1990)

Gene C. BAKER, Plaintiff, v. CONTINENTAL WESTERN INSURANCE COMPANY, Defendant.

United States District Court, D. South Dakota, W.D.

October 5, 1990.

Attorney(s) appearing for the Case

Ronald E. Brodowicz, Rapid City, S.D., for plaintiff.

G. Verne Goodsell, Gunderson, Palmer, Goodsell & Nelson, Rapid City, S.D., for defendant.

MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

This case arises from an automobile collision involving the plaintiff, Gene C. Baker (Baker) and an uninsured motorist, Christopher L. Ball (Ball). The plaintiff had stopped for traffic on Mt. Rushmore Road in Rapid City, South Dakota, when he was struck from behind by Ball. Ball stated to the officer at the scene that he was going too fast to stop and the...

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