Johnson v. Parker

Ness, Justice:

This is an action for damages brought by appellant Joseph Johnson for injuries sustained when respondents’ automobile collided with the moped Johnson was riding. Appellant Rubye Johnson, Joseph’s mother, brought a derivative action which was consolidated for trial with Joseph’s action. The jury found for respondents. W e reverse and remand for a new trial.

Appellant Joseph asserts the trial court erred in striking the allegations of wilfulness and recklessness from his complaint for lack of evidence to support those allegations.

The complaint alleges respondent Parker turned left…