Renner v. Nestor

Mr. and Mrs. Renner, individually, and Mr. Renner as the personal representative of the estate of Virginia E. Renner (Liz), appeal from an adverse jury verdict where Liz was found to be 95 percent the cause of her own death. Although many issues are raised, the dispositive issue involves an instruction (WPI 60.01) which stated the violation of a statute is negligence as a matter of law. *547Because Liz was 12 years old at the time of the accident, the instruction was error. We reverse and remand for a new trial on the issue of liability.

On September 26, 1979, Liz was struck by a car driven by…