Childers v. McGee

McCORMICK, Justice.

The principal question in this appeal is whether the trial court’s error in submitting the defense of contributory negligence requires reversal of defendants’ judgment on both plaintiffs’ claims. Holding it does not, the Court of Appeals reversed only the judgment against James Childers. We hold that the judgment should have been reversed as to both plaintiffs. Therefore we vacate the decision of the Court of Appeals in part, reverse the district court, and remand.

In their petition, plaintiffs alleged that they sustained damages as a result of injuries received when James…