STULL v. RAGSDALE

No. 81-75.

620 S.W.2d 264 (1981)

Youvonna STULL, as Administratrix of the Estate of Windy Kay Stull, Deceased, and Individually, Appellant and Cross-Appellee, v. James M. RAGSDALE, Appellee and Cross-Appellant.

Supreme Court of Arkansas.

Rehearing Denied September 21, 1981.


Attorney(s) appearing for the Case

Ray & Donovan, Marianna, for appellant and cross-appellee.

Butler, Hicky & Hicky, Ltd., Forrest City, for appellee and cross-appellant.


HOLT, Justice.

This is an appeal from a judgment in which the trial court awarded only the funeral expenses to the estate of the deceased in a wrongful death and survival action. The court disallowed any recovery to the deceased's parents for mental anguish by imputing the negligence of the mother, apportioned by the jury at 75%, to the father.

The Stull's four year old daughter Windy was killed when she was struck on the highway in front of her home by a...

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