McMillen v. Dummerth

SIMON, Presiding Judge.

Plaintiffs, Timothy McMillen, a minor, by and through his mother and next friend, Jill McMillen, and John and Jill McMillen, Timothy’s parents, appeal from a judgment upon a jury verdict in favor of defendant, Robert Dummerth, on plaintiffs’ claims arising from personal injuries to Timothy as a result of defendant’s alleged negligent operation of a van. On appeal, plaintiffs contend that the trial court erred: (1) in failing to direct a verdict in their favor as to liability because Timothy, due to his age, could not be negligent as a matter of law and defendant’s…