PHOMVONGSA BY PHOMVONGSA v. Phounsaveth

When plaintiff was three years old, he got out of the back door of a car driven by defendant Phounsaveth before the car came to a stop and was pinned under a rear wheel. Phimmala Phounsaveth, plaintiffs babysitter, was also in the car. This action for damages based on negligence was brought against the driver and the owners of the car, the Reinertsens. The jury returned a verdict in favor of defendants. Plaintiff appeals. We reverse and remand.

As his first assignment of error, plaintiff claims that the trial court erred in allowing Officer Estep, the officer who investigated but did not see…