Austin v. Kruse

SPINDEN, Judge.

A tow truck blocked one lane of Interstate 70 in Lafayette County as its driver worked during the predawn hours of April 25, 1990, to free a truck stuck in the median. A tractor-trailer unit driven by Charles Austin slammed into the tow truck. An explosion erupted, and Austin was killed. His wife, Marie, and son, Michael, sued the tow truck’s owner, Dennis Kruse, for wrongful death. The jury found Austin to be 80 percent at fault and Kruse 20 percent at fault. Marie and Michael Austin appeal. We reverse the trial court’s judgment and remand for a new trial.

The mishap occurred…