Luther v. Pawling

This is an action for the wrongful death of Michael E. Luther, a minor, brought by the decedent’s father as administrator of his estate, against Timothy W. Pawling, the driver of the car in which Mike was a passenger, and Duane E. Pawling, the owner of the car and the father of Tim W. Pawling. The District Court sustained the defendants’ motion for a summary judgment. We affirm the judgment of the District Court.

The pertinent facts follow: On August 15, 1972, the day of the accident, Mike Luther, his sister, Debbie, Tim Pawling, and his three younger sisters were all working in the bean…