McCarthy v. Wulff

DOUGLAS W. GREENE, Special Judge.

This case is a wrongful death action in which plaintiffs seek to recover damages for the death of their eleven-year-old son who was struck and killed by an automobile. At a jury trial, the trial court directed a verdict for defendants at the close of the plaintiffs’ evidence on the grounds that plaintiffs had failed to sustain the necessary elements of their petition. Plaintiffs appeal.

The evidence, viewed in a light most favorable to plaintiffs and giving them the benefit of all reasonable inferences arising from the evidence, Brubaker v. Moore, Mo. Sup., 432…