Battle v. Kovalski

McMurray, Presiding Judge.

This is a wrongful death action. The minor son of plaintiffs Battle and Griffin was visiting at the home of defendant Kovalski when he attempted to pick up a log. The decedent fell and the log caused fatal injuries. Plaintiffs’ complaint alleged that defendant was negli*472gent in providing their minor son with alcohol and allowing him to move heavy logs. Plaintiffs appeal from a jury verdict and judgment in favor of defendant. Held:

1. Plaintiffs contend that the trial court erred in charging the jury on the theory of accident. Following the decision of this court in…