Death of Lofton v. Green

The outcome of this case does not turn on the trial court’s refusal to instruct on attractive nuisance. As the court correctly points out, the jury was allowed to hear all the tendered evidence of landowners’ negligence. Since none was excluded, nothing could be added on retrial.1

Decisive of today’s review is whether new trial is the parent’s due because of an “inadequate” damages award in the § 651(4) sense.2 There is here no indication of “passion, partiality, prejudice or corruption”3 in the jury’s concededly conservative assessment of the pecuniary and emotional loss from the child’s…