Wintjen v. Kloeppel

ALDEN A. STOCKARD, Special Judge.

Brian Wintjen, a minor, sought damages for personal injuries resulting from being struck by an automobile operated by Rose Kloeppel, and Noel Wintjen, his father, sought damages for medical expenses incurred by him. At the close of plaintiffs’ case the trial court directed a verdict for defendant, and plaintiffs have appealed. We reverse and remand.

Plaintiffs pleaded both primary and humanitarian negligence on the part of defendant. If a submissible case was made as to any pleaded theory the directed verdict was improper.

As primary negligence plaintiffs…