Rikstad v. Holmberg

Plaintiff, for her benefit and for the benefit of four surviving children of her deceased husband, brings this action for damages for the alleged wrongful death of her husband. Plaintiff appeals from an order dismissing her 'action with prejudice entered after the trial court had sustained a challenge to the sufficiency of plaintiff’s evidence.

At the outset, we are aware of the oft-quoted rule that a challenge to the sufficiency of the evidence at the end of plaintiff’s case admits the truth of the evidence and all the inferences that can reasonably be drawn therefrom. It requires that the…