Harpst v. Kirkpatrick

Opinion

TAMURA, J.

Plaintiff appeals from a judgment on a defense jury verdict in her action for damages for the wronged death of her three-year-old daughter who died as a result of injuries sustained, when, she was struck by an automobile driven by defendant.

On the date of the accident the child was in the care of her grandmother. One of the defenses urged by defendant at trial was that the grandmother was plaintiff’s agent, that she (grandmother) was negligent in caring for the child and that such negligence was imputable to plaintiff and barred her recovery. The trial court gave instructions…