Johnson Ex Rel. Estate of Johnson v. Hunter

CLEMENS, Commissioner.

This is a wrongful death action by a three-year-old plaintiff whose father was a passenger in a logging truck that overturned. Defendant-appellant Hunter owned the truck and employed the driver. He suffered a $5,000 judgment, and appeals. The other defendant, Emery Gipson, driver of the truck, was exonerated by the verdict, and the judgment was in his favor. Plaintiff does not appeal; so the judgment in favor of the driver, defendant Gipson, is unchallenged.

We are first faced with respondent’s motion to dismiss the appeal for appellant’s belated filing of the transcript.…