Stewart v. Frisch

OPINION

POPOVICH, Chief Judge.

This appeal is from an order denying a new trial in a wrongful death action. Appellant claims the trial court (1) erred in accepting the jury’s special verdict that respondent’s negligence was not a direct cause of decedent’s death, (2) erred in not reinstructing the jury regarding direct cause, and (3) abused its discretion in not receiving certain evidence. We affirm.

FACTS

Decedent Ricky A. Stewart and his cousin Wayne Denzer went fishing on the evening of April 26,1981. On their way home, they stopped at a bar from 9:30 p.m. to 1:00 a.m. Denzer had three or four…