McFarland by & Through McFarland v. King

Colwell, D.J., Retired.

This was a suit against Patrick O. King (King) and his employer, Missouri Valley Construction Company, to recover for personal injuries sustained when Randall A. McFarland (Randall), age 15 years, collided with King’s pickup truck while riding his bicycle. Defendants’ separate motions for summary judgment were sustained. Plaintiff appeals. We affirm.

We first discuss the issues of King’s liability, Randall’s contributory negligence, and causation. King, Randall, two eyewitnesses, and two accident investigating officers testified by deposition.

There is no substantial…