Keithley v. Keithley

John and Dorothy Keithley are the divorced parents of Kenneth Keithley, a minor who was killed in an automobile accident. The Keithleys accepted $21,000 in settlement of their claim for Kenneth’s death but could not agree on a division of the settlement proceeds. John started this action claiming he was entitled to 50% of the society and companionship and pecuniary loss as a matter of law. The trial court ruled that division should be based upon the actual loss sustained by each parent. The court considered loss to be a fact question and submitted the question to the jury, which awarded the…