Gilhespie v. DeJong

CROCKETT, Justice:

Joey Gilhespie, age 10, (by his mother as guardian ad litem) sued to recover for a broken arm, injury to his eye, and various abrasions, which he suffered when his bicycle was struck by an automobile driven by defendant Deloris Dejong. Upon a plenary trial, a jury rendered a verdict against him, no cause of action, and judgment was entered thereon. He appeals claiming: (1) that the trial court erred in instructing the jury; and (2) that there was no sufficient evidence to support the jury verdict.

On the afternoon of September 4, 1968, the plaintiff was riding his bicycle…