Clear v. Marvin

Plaintiff.(respondent) brought this action to recover damages from defendant (appellant) for the wrongful death of plaintiff’s nine-year-old daughter, alleged to have been caused by the negligence of the defendant. Upon plaintiff’s motion for a summary judgment the trial court found that the child’s death was the result of gross negligence on the part of defendant; that the defendant was liable therefor as a matter of law; and that there was a genuine issue as to the amount of damages which the plaintiff is entitled to recover. Judgment was accordingly entered determining defendant’s…