Stull v. Ragsdale

Frank Holt, Justice.

This is an appeal from a judgment in which the trial court awarded only the funeral expenses to the estate of the deceased in a wrongful death and survival action. The court disallowed any recovery to the deceased’s parents for mental anguish by imputing the negligence of the mother, apportioned by the jury at 75%, to the father.

The Stulls’ four year old daughter Windy was killed when she was struck on the highway in front of her home by a truck driven by appellee. Mrs. Stull had put her two small children down for a nap shortly after lunch and after they fell asleep she…