Kilpack v. Wignall

STEWART, Justice:

Plaintiff, Jerald Kilpack, appeals the denial of his motion for a judgment notwithstanding the verdict or, in the alternative, for a new trial. A jury found that defendants LaMark and David Wignall were not negligent in connection with an accident occurring on a farm that caused injuries to plaintiff’s minor son, Jess Kilpack. The issue on appeal is whether the trial court erred as a matter of law in denying plaintiff’s motions. We hold that the trial court erred in not granting the motion for - a judgment notwithstanding the verdict.

The accident in which Jess Kilpack was…