Perry v. Tendal

LAVORATO, Justice.

In this single-issue appeal, we must decide whether the district court erred in submitting an imputed negligence instruction to the jury. We think it did and reverse and remand for a new trial.

Louise Perry owned a van. On September 8, 1992, Louise’s son, Daniel, borrowed the van from his mother. Daniel hitched the van to a livestock trailer. Daniel then asked Lawrence Stultz, a friend of his parents, to do two errands. Stultz was to (1) drive to Daniel’s farm and pick up Daniel’s son after school, and then (2) return the trailer to the farmer who owned it.

Stultz agreed to do…