Berry ex rel. Berry v. Conover

HIGHERS, Judge.

This is an appeal by the plaintiffs from a jury verdict in favor of the defendant.

The plaintiffs, Marvin H. Berry and Sherry Elaine Berry, brought suit after their twelve-year old son was killed while standing in front of a stalled car which was struck from the rear by the vehicle of the defendant. The decedent and his uncle, Richard Casey, who owned the stalled car, were attempting to push it from the highway onto an intersecting dirt road when the accident occurred. The plaintiffs alleged negligence on the part of the defendant and the defendant answered, alleging…