Black Ex Rel. Black v. Quinn

HIGHERS, Judge.

This is an appeal by James Robert Black, a minor, by his father, H.R. Black, as next friend, from a jury verdict in favor of the defendant.

Two questions are presented for review:

1. Was the trial judge correct in denying the plaintiff’s motion for a directed verdict at the end of all of the proof?

2. Did the trial judge correctly instruct the jury that a minor driving a motor vehicle on the streets and highways is charged with the same duty of care as an adult?

The accident in this case occurred on September 6, 1980, at which time the minor plaintiff was eleven years of age. He…