Carney v. Roberts Inv. Co., Inc.

BISSETT, Justice. 1

This is an appeal by Robbie Iwana Carney (“Mrs. Carney”) plaintiff in the trial court, from a judgment rendered in a wrongful death action. We reverse and remand.

Burton Carney, husband of Mrs. Carney, was killed while riding on his farm tractor. He was struck from the rear by a tractor-trailer owned by Roberts Investment Company, Inc., d/b/a First Choice Food Distributors, Inc., (“Roberts Investment Company”) and driven by its employee, Phillip Alan Gilbreath (“Gilbreath”). The jury found that both the negligent conduct of Gilbreath and Burton Carney (“Carney”) proximately…