Vosnos v. Perry

Plaintiff, Ruth Vosnos, administrator of the estate of John D. Vosnos, deceased, brought a wrongful death action for the death of John D. Vosnos. The defendant, Daniel Perry, filed an affirmative defense based on insanity. The parties submitted the determination of the affirmative defense to the trial court on a stipulation of facts. The trial court found the affirmative defense a valid defense to the cause of action and entered a judgment in favor of the defendant and against the plaintiff. From this judgment plaintiff appeals.

The issue presented for review is whether unrebutted proof of the…