Childers v. Schachner

This is an appeal by the plaintiff William F. Childers, as joint personal representative of the estate of his deceased son William Giles Childers, from a final judgment entered below on his survivor’s claim after a jury trial in a wrongful death action. The plaintiff contends that the trial court erroneously reduced the jury award returned in his favor by the 75% of comparative negligence which the jury found was attributable to his wife in the wrongful death sued upon. We agree and reverse based on a holding that in a wrongful death action involving a minor child, a jury award to the…