Estate of Eyler v. Dedomenic

Walsh, Presiding Judge.

In this wrongful death action, plaintiff-appellant and cross-appellee, Estate of Bruce Evan Eyler, appeals the entry of a jury verdict in favor of defendant appellee and cross-appellant, Julie Dedomenic. 1

On the evening of December 4, 1990, appellant’s decedent, Bruce Evan Eyler (“decedent”) and his co-worker, Terry Smith, were traveling north through Butler County on Interstate Route 75 (“1-75”) at approximately 9:45 p.m. A warning came over their citizens’ band (“CB”) radio that a deer carcass was lying on the highway just ahead of where they were traveling. The…