(Download) "Berthold J. Garvin v. Robert Coover Et Al." by Supreme Court of Nebraska ~ eBook PDF Kindle ePub Free
eBook details
- Title: Berthold J. Garvin v. Robert Coover Et Al.
- Author : Supreme Court of Nebraska
- Release Date : January 13, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is an action for damages for the wrongful death of Linda Garvin, the daughter of Berthold J. and LaVerne Garvin, who
was killed in an automobile accident on November 17, 1969, in Madison County, Nebraska. The first cause of action was for
the recovery of general damages suffered by the next of kin for wrongful death of Linda, and the second cause for the recovery
of special damages for funeral and burial expenses in the specified amount of $1,420. The trial court directed a verdict in
favor of the defendant Coover on both causes of action and the jury found in favor of plaintiff against the defendant Roush
on the first cause of action and assessed the damages at "none," and found in favor of the plaintiff on the second cause and
fixed the damages at $1,427. Plaintiff filed a motion for new trial, claiming that the verdict was contrary to the evidence
and law in that it was inadequate. No complaint is made of the instructions or any other portion of the trial. The case is
submitted on an abbreviated bill of exceptions containing only the testimony of four witnesses, whose testimony is limited
to personal facts about the deceased. Linda Garvin was born on April 21, 1949, and as previously indicated, died on November 17, 1969, at the age of 20 years and
approximately 7 months. Although appellant's brief claims, appellees do not deny it, and the trial court instructed that Linda's
minority would not have ended until December 25, 1969, that position is based on L.B. 167, Laws 1969, c. 298, s. 1, p. 1072,
Legislature of Nebraska, Eightieth Session, which lowered the age of majority to 20 years. It is true that that session of
the Legislature adjourned on September 24, 1969, and laws in the ordinary course of events do not become effective until after
the passage of 3 calendar months following adjournment. However, this particular act was passed and then approved on March
13, 1969, with the emergency clause. Therefore, Linda had reached her majority at the time of her death.