Fleege v. Cimpl

BRADSHAW, Circuit Judge.

Jerome E. Fleege (appellant) brought a wrongful death action as special administrator of the estate of James P. Fleege (decedent). Appellant alleges that decedent was electrocuted by John A. Cimpl’s (appel-lee’s) electrical submerged pump while decedent was swimming in the Missouri River in Yankton, South Dakota. The jury returned a verdict for appellee and appellant appeals from the judgment entered upon the jury verdict. We reverse and remand for a new trial.

At the time of his death, decedent was fourteen years old and was just beginning his freshman year in high…