Gray v. Schlegel

RAWLINGS, Justice.

Defendants appeal judgment on jury verdict for plaintiff in wrongful death action. Court of Appeals reversed, holding motion for judgment notwithstanding verdict should have been sustained, but in the interests of justice remanded for new trial. We reverse trial court but do not remand.

October 7, 1973, Phyllis E. Jones and C. Robert Daack were asphyxiated by propane gas which escaped from a refrigerator in Daack’s houseboat. Jones’ executor subsequently commenced this action against Daack’s executors. For convenience these captioned parties will be referred to as plaintiff…