Edith L. Kelley v. Glen Leroy Bruch

This action was filed in the district court, Bannock County, by Edith and David Kelley to recover damages for the alleged wrongful death of the plaintiff wife's 14-year-old son, Robert Wesley Smith, resulting from a collision involving an automobile owned and operated by Glen LeRoy Bruch and a bicycle ridden by the Smith boy. The accident took place on June 22, 1963 on U. S. Highway 91-191 North, approximately 1 1/2 miles west of the village of Inkom, between Inkom and Pocatello. The boy was riding his bicycle on the shoulder of the highway some 50 yards ahead of the car driven by Bruch when the bike veered out of control or the boy turned out into the roadway into the path of the approaching vehicle. The case went to the jury over the defendant Bruch's motions for nonsuit and directed verdict, and damages of $8,700.00 were awarded the boy's parents. (Note: Technically David Kelley was dropped as party plaintiff since in fact he had not legally adopted his wife's son and therefore was not, in law, entitled to bring this action for the wrongful death of his stepson.) Bruch appealed, and set out three assignments of error: (1) The trial court erred in refusing to grant defendant's motion for directed verdict at the close of all the evidence.