Gassiraro v. Merlo

REINHARD, Presiding Justice.

Plaintiffs appeal from an order of the trial court directing a verdict for defendant in their wrongful death case. The plaintiffs are the wife and minor children of the decedent. Decedent stepped from the side of the street directly in front of defendant’s automobile. At the end of plaintiffs’ case, the court sustained defendant’s motion for a directed verdict.

On appeal plaintiffs present one claim: the trial court erred in directing a verdict in this humanitarian doctrine case because “reasonable men could differ as to whether defendant had the present ability…