Leemon v. Leemon

This appeal involves a wrongful death action brought by a mother, as administratrix of her husband’s estate, against her daughter for the accidental death of the father. The jury returned a verdict of no cause of action from which plaintiff appeals as of right.

We find only one issue of substantive impor tance. The remaining four claims of error and our response thereto are summarized in the footnote below. Did the trial court err reversibly by ruling that plaintiff could not utilize the theory of subsequent negligence unless plaintiff first conceded on the record that decedent had been…