Paula Jean Johnston and Kerrie Jean Johnston, an Infant, by Paula Jean Johnston, Her Guardian Ad Litem v. Pierce Packing Company and Thomas C. White

CHOY, Circuit Judge:

Plaintiffs appeal in this diversity action from an adverse judgment entered upon a jury verdict. They assign as error the failure of the trial court to give two jury instructions requested by them. We affirm.

Appellants Paula and Kerrie Johnston, the widow and child of Ronald Johnston, brought this action under the Idaho Wrongful Death Statute, Idaho Code § 5-311, against Pierce Packing Company and its driver, Thomas C. White. They claimed damages for Ronald Johnston’s death which resulted from an accident involving a truck driven by White for Pierce Packing. The jury…