Kinsch v. Di Vito Const. Co., Inc.

In this wrongful death action, plaintiff, Edward Kinsch, as administrator of his wife’s estate, seeks to recover damages for himself and his two minor children. The jury, in response to a special interrogatory, found that the plaintiff had not exercised ordinary care or caution in the operation of his car in which his wife had been a passenger, and they returned a general verdict against defendant in the amount of $18,000. After post-trial motions were denied, a judgment was entered on the verdict.

Defendant, Di Vito Construction Company, contends in this appeal that it was entitled to a…