KRIEGER BY KRIEGER v. Howell

SWANSTROM, Judge.

Twelve-year old Wade Krieger was injured when he fell from the back of a pickup truck as it turned at an intersection in Burley, Idaho. This action was brought by Melvin Krieger, Wade’s father, individually, and as Wade’s guardian ad litem. Krieger alleged that the personal injuries suffered by Wade resulted from the negligence of the driver, fifteen-year old Donald Dee Howell. After a jury trial, a special verdict was returned, finding Wade sixty percent at fault and Howell forty percent. The Kriegers’ motion for judgment notwithstanding the verdict and for a new trial was…