Aragon v. Speelman

OPINION

HENDLEY, Judge.

Plaintiff brought suit to recover damages for a wrongful death. The jury returned a verdict for plaintiff. Defendants filed a motion for judgment NOV, or in the alternative for a new trial. The motion was denied and defendants appeal raising four points for reversal; contributory negligence, erroneous instructions, assumption of risk and proximate cause. Plaintiff cross-appeals on the dismissal of a complaint in intervention by decedent’s mother for damages for bystander recovery. We reverse and grant defendants a new trial but affirm the trial court’s dismissal of the…