Ruskamp v. Ferknes

In this wrongful death action plaintiff’s decedent, Timothy Joseph Ruskamp, was a passenger in an automobile driven by defendant Joseph Fernkes when it collided with an oncoming vehicle driven by defendant Ira Rutherford. The district court directed a verdict for the driver of the oncoming vehicle and the jury returned a verdict for defendant Fernkes on which judgment was entered. On appeal from an order denying his motion for a new trial plaintiff challenges the sufficiency of the evidence to support the jury’s verdict.

It is well settled that in examining a verdict on appeal the evidence…