Helton v. Montgomery

WHITE, Judge.

This appeal is from a jury award in the Magoffin Circuit Court for a wrongful-death action.

Appellee’s nine-year-old son, Manford Montgomery, Jr., was fatally injured when he fell or jumped from the back of appellant Helton’s moving pickup truck. Appellants Helton and Risner had been asked by a neighbor, Agnes Salyers, for assistance in starting her automobile. Taking Risner’s jumper cables, they drove in Helton’s pickup from Risner’s to Mrs. Salyers’ home. Helton, as driver, and Risner were in the cab; Mrs. Salyers and Risner’s grandson, Lonnie Patrick, rode in the rear bed.

Circum…