[Download] "Mark Nelson and Dorothy Nelson v. Northern" by Supreme Court of Idaho No. 13987 # Book PDF Kindle ePub Free
eBook details
- Title: Mark Nelson and Dorothy Nelson v. Northern
- Author : Supreme Court of Idaho No. 13987
- Release Date : January 19, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is an appeal by plaintiffs-appellants Nelson from a judgment entered upon the jury verdict which assigned to the Nelsons 60% of the comparative negligence in a wrongful death action brought by the Nelsons for the death of their one year old child. The principal question presented here is whether in such a wrongful death action the negligence of the parents is an affirmative defense as was allowed by the trial court in the instant case. We answer in the affirmative and affirm. On October 2, the Nelsons purchased and immediately assumed the operation of a grocery store in Downey, Idaho from defendants-respondents Hewitt and Delores Hawkes. Prior to the sale, the Hawkeses, with their sons Hugh and Sherm, for several years had used the rear portion of the store for cutting and packing meat under the style of Marsh Valley Packing, and after the sale of the store, the Hawkeses continued operating that business under a lease agreement with the Nelsons. At the rear of the store, a door which opened onto a gravel parking lot was regularly used for truck loading by Marsh Valley Packing. In that same gravel parking lot at the rear of the store, the Nelsons had parked their mobile home for temporary residence. It was in that same gravel parking lot that one year old Barbara Nelson was playing at the time she was killed when struck by the Hawkeses' pickup truck.