Agregaard v. Duncan

Appellants, Byron Agregaard and others, brought this action in the Circuit Court of Harrison County against Dr. R. J. Duncan for the alleged wrongful death of their 6%-year-old son and brother, Gary Agregaard. Although expressing considerable doubt as to whether plaintiffs’ evidence made a jury issue on negligence by Duncan, the circuit court submitted the case to the jury. After verdict and judgment for plaintiffs, the trial court sustained defendant’s motion for a judgment for him notwithstanding the verdict. We hold that plaintiffs offered no evidence which would warrant a finding of…