Duke v. Kepner

BORTNER, J.,

This action arose out of a tragic automobile accident in which Terry Lee Duke was instantly killed. On August 4, 1974, Mr. Duke was a passenger in a vehicle operated by Dennis M. Kepner, co-defendant in this action. Mr. Kepner lost control of the vehicle, it swerved from the road and collided with a tree. Mr. Duke was 18 years old at the time of the accident.

Wrongful death and survival actions were brought by the parents of decedent, as administrators of his estate. At trial, the parties entered into a stipulation that the accident resulted in the instantaneous death of decedent.…