Luke v. Deal

SABERS, Justice.

[¶ 1.] While moving snow with a Caterpillar loader at a ranch owned by Jon Deal (“Deal”), Michael Luke (“Michael”) struck and punctured a propane tank which resulted in a large explosion. Michael died as a result of the injuries he sustained. Donna Luke, Michael’s wife, as the personal representative of Michael’s estate (the “estate”) sued Deal for wrongful death. The jury found Deal to be negligent. However, the jury also found Michael to be contributorily negligent and that his contributory negligence was more than slight. The estate claims in issue 1 that the trial court…