Wetherell v. Matson

Mr. PRESIDING JUSTICE CRAVEN

delivered the opinion of the court:

The jury returned a *9,000 verdict against both defendants and we are here concerned only with the issue of damages, not liability.

Plaintiff Brian Wetherell, then age 5, was injured when defendant Robert Matson, then age 13, operating a riding lawn mower upon the premises of his father, Donald Matson, backed the mower over plaintiff’s foot. Plaintiff had been playing in Matson’s yard just prior to the accident. Robert Matson testified that after he saw plaintiff get on his bicycle and ride off down the sidewalk, he started the mower…