Burg Ex Rel. Weichert v. Cincinnati Casualty Insurance

¶ 1. Karl A. Burg, by his legal guardian, Gladys M. Weichert, appeals from the judgment, following a jury trial, dismissing his action against Robert W. Zimmerman and Zimmerman's insurer, Cincinnati Casualty Insurance Co.1 Burg argues that the trial court erred in concluding that Zimmerman's conduct in the operation of a snowmobile was not negligent per se, and that the jury's damages verdict was perverse. Burg is correct and, therefore, we reverse.

I. BACKGROUND

¶ 2. The facts relevant to resolution of the issues on appeal are not in dispute. According to the trial testimony, at approximately…