Winner v. Ratzlaff

The opinion of the court was delivered by

Harman, C.:

This action was commenced initially as one for damages for the wrongful death of plaintiff’s wife, who was struck and killed while walking across a street. Plaintiff later joined as a party defendant the insurance carried providing him and his wife with uninsured motorist coverage. In a jury trial ordered over plaintiff’s objection on the separate issue of liability, the jury returned special verdicts that the uninsured motorist was not negligent and that plaintiff’s decedent was contributorily negligent at the time she was struck. Pursuant…