Janssen v. Neal

Kelly, Justice.

This is a wrongful death action to recover damages sustained by the heirs and next of kin of decedent Gary Janssen as a result of his death in a collision between his motorcycle and the rear of defendant’s pickup truck. The jury returned a special verdict finding plaintiff’s decedent and defendant each 50-percent causally negligent. Plaintiff’s motion for a new trial was denied and he appealed from the judgment dismissing his cause of action. Reversed.

The accident giving rise to this action occurred on July 31, 1971, at approximately 9:30 p. m., on County Road No. 4, in…