Dane ex rel. Dane v. Cozean

This appeal stems from a personal injury action arising out of an automobile-pedestrian accident. Jury verdict of $50,000 was in favor of plaintiff-respondent Mitchell Dane, a minor at the time of the accident. Defendant-appellant is the administrator of the estate of Richard M. Batten, driver of the automobile who apparently died of natural causes sometime after the accident. The appeal raises the following points of alleged error: (1) failure of plaintiff to make a submissible case on each of the disjunctive elements of the verdict directing instruction which was based on MAI 17.02 and…