(DOWNLOAD) "Martin Anderson and Bernice Boyer V." by Supreme Court of Idaho No. 11902 * Book PDF Kindle ePub Free
eBook details
- Title: Martin Anderson and Bernice Boyer V.
- Author : Supreme Court of Idaho No. 11902
- Release Date : January 08, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This is a wrongful death action brought by the plaintiff appellants Martin Anderson and Bernice Boyer in which they alleged that their son, the decedent Richard Anderson, died as a result of the reckless and negligent conduct of the defendant respondent George Gailey. It was uncontested that Richard Anderson died while he was in a 285-foot deep drill shaft that Gailey was digging as an irrigation well and that Gailey had engaged Anderson to descend into the drill shaft to make repairs to Gailey's broken equipment at the bottom of the shaft. The trial centered upon three principal sets of issues: (1) the jurisdictional question of whether Anderson's working agreement with Gailey was within the scope of the Workmen's Compensation Act, which determined whether the plaintiffs could bring this wrongful death action in a court rather than present a workmen's compensation claim before the Industrial Commission, (2) the questions under tort law of what duty Gailey owed Anderson and whether he had breached that duty to Anderson and thereby contributed to Anderson's death, and (3) whether Anderson had negligently contributed to his own death or had assumed the risk involved. The jury returned a general verdict denying recovery, and the court entered judgment on the verdict. The plaintiffs appealed. Because we hold that the jury was improperly instructed concerning the duty of care that Gailey owed Anderson and because the special verdict form does not indicate whether the jury's verdict was a result of their resolution of the jurisdictional question adversely to the plaintiffs or whether the misinstruction upon the matter of duty of care might have contributed to the verdict, we must reverse and remand for new trial. THE EVIDENCE INTRODUCED AT TRIAL.