Dodge v. Stencil

The trial court sustained a challenge to the sufficiency of plaintiff’s evidence upon the ground that there was not “substantial evidence to let this case go to the jury.” The court dismissed the action with prejudice and denied a motion for a new trial. Plaintiff, individually and as guardian ad litem of his minor daughter, Lynne, appeals.

The material facts and all reasonable inferences therefrom, which we accept as true (Ross v. Northern Pac. R. Co., 46 Wn. (2d) 832, 833, 285 P. (2d) 870 (1955)), are these:

Lynne Dodge, three and one half years old at the time of the accident, lived with her…