MEYER v. ESTATE OF SWAIN

No. 18280.

763 P.2d 337 (1988)

Bob MEYER and the Estate of Craig Curtis, Appellants, v. ESTATE OF Frances SWAIN, Carl Swain, individually and as heir at law of Frances Swain, Kathleen D. Mers, as Guardian ad Litem for Carl J. Swain, and Catherine I. Swain, minors and heirs at law of Frances Swain, Respondents.

Supreme Court of Nevada.

October 26, 1988.


Attorney(s) appearing for the Case

Perry, Hebert & Spann, and John A. Furlong, Reno, for appellant Bob Meyer.

Thorndal, Backus & Maupin, and Stephen C. Balkenbush, Reno, for appellant Estate of Craig Curtis.

Robison, Belaustegui and Robb, Reno, for respondents.


OPINION

PER CURIAM:

Appellant Craig Curtis and respondent Frances Swain died as a result of injuries sustained in a motorcycle-pedestrian collision. A jury determined that Curtis was entirely responsible for the collision and that Swain was fault free. Because the trial court erred in refusing to instruct the jury on Swain's statutory duty as a pedestrian to remain off the highway while intoxicated while at the same time giving a comparable instruction on...

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