Stracke v. Estate of Butler

Joseph Stracke, et al. v. Estate of Kerry Butler, Jr., et al., No. 64, September Term 2018. Opinion by Hotten, J. SURVIVAL AND WRONGFUL DEATH ACTION – GROSS NEGLIGENCE – SUFFICIENT EVIDENCE – The Court of Appeals held that Respondents failed to present sufficient evidence at trial that Petitioners’ conduct amounted to gross negligence, and that the trial judge did not err in granting Petitioners’ motion for Judgment Notwithstanding the Verdict. “[G]ross negligence is an intentional failure to perform a manifest duty in reckless disregard of the consequences[,]” and represents an utter…