Benson v. Watson

This is a wrongful death action arising from the accidental death of a six-year-old boy, Gene Arthur Benson.

In the middle of the afternoon Gene was playing in a gully beside a two-lane blacktop county road. In the gully were high weeds which grew to the edge of the road. Gene darted out of the gully and ran across the road. Before he reached the center line of the road, he was struck and killed by defendant’s truck. The jury returned a verdict for plaintiff and defendants appeal the trial court’s denial of the motion for judgment notwithstanding the verdict.

Defendants claim the trial court…