Nelson v. Northern Leasing Co.

SHEPARD, Justice.

This is an appeal by plaintiffs-appellants Nelson from a judgment entered upon the jury verdict which assigned to the Nelsons 60% of the comparative negligence in a wrongful death action brought by the Nelsons for the death of their one year old child. The principal question presented here is whether in such a wrongful death action the negligence of the parents is an affirmative defense as was allowed by the trial court in the instant case. We answer in the affirmative and affirm.

On October 2, the Nelsons purchased and immediately assumed the operation of a grocery store in…