Dosh v. Elioff

MacLaughlin, Justice.

This is a wrongful death action commenced by plaintiff, Lloyd A. Dosh, trustee for the heirs of Charles E. White, decedent, alleging that defendant, John C. Elioff, Jr., negligently operated his automobile and caused the death of decedent. A jury returned a special verdict finding that both parties were 50 percent causally negligent, and judgment for defendant was ordered. Plaintiff appeals from an order denying his alternative motion for judgment n.o.v. or a new trial. We reverse and grant a new trial.

The accident occurred in St. Paul on November 17, 1971, at sometime…