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FIRST PREMIER v. KOLCRAFT

Nos. 22421, 22449.

686 N.W.2d 430 (2004)

2004 SD 92

FIRST PREMIER BANK, as Guardian Ad Litem and Limited Conservator of Daniel L. Boone, Plaintiff and Appellant, v. KOLCRAFT ENTERPRISES, INC., a Delaware corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 18, 2004.

Attorney(s) appearing for the Case

Michael P. Healy, Kansas City, Missouri, Rollyn H. Samp, Sioux Falls, South Dakota, Jonathan K. Van Patten, Vermillion, South Dakota, Attorneys for plaintiff and appellant.

Mark F. Marshall, Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Charles J. Risch of Lawrence, Kamin, Saunders & Uhlenhop, Chicago, Illinois, Attorneys for defendant and appellee.

KONENKAMP, Justice.

Litigants are ordinarily prohibited from disclosing to a jury a prior settlement "to prove liability for or invalidity of the claim or its amount." This prohibition, embodied in our rules of evidence, avoids prejudice to all parties and promotes settlements. Here, defense counsel broached the fact of an earlier settlement made on plaintiff's behalf. Although the trial court had advised counsel not to offer evidence about this settlement until he...

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