Cunningham Ex Rel. Cunningham v. Hayes

SHANGLER, Presiding Judge.

Plaintiff Thomas R. Cunningham, then seventeen years of age, was seriously injured on premises occupied and used by defendant Kenneth L. Hayes in the conduct of his auto salvage business. Suit was brought on the minor’s behalf, as well as their own, by his parents. Verdicts total-ling $15,000 were returned for plaintiffs and judgment was entered accordingly. Thereafter, the trial court, having concluded it had committed error both in having failed to instruct on measure of damages and in having failed to define “negligence” as used in plaintiffs’ verdict-directing…