Nesmith v. Bowden

This is an appeal from a judgment of dismissal entered at the close of plaintiff's evidence in an action for wrongful death. The primary issue presented is whether plaintiff established a prima facie case to require submission to the jury. We answer in the affirmative and reverse.

Plaintiff presented the following evidence. About 7 a.m. on October 4, 1974, Howard NeSmith, Sr., was struck and killed by a freightliner tractor-trailer owned by the defendant, Eastern Washington Distributing Co., Inc., and driven by Jess Bowden, another defendant. The accident occurred a short distance south of…