Ray Meissner and Elaine Meissner v. Claude

This appeal results from an action brought by the Meissners for the wrongful death of their minor son. Following trial, the
jury returned a verdict in favor of the plaintiffs. The trial court thereafter ordered a new trial unless plaintiffs would
agree to a reduction of the verdict by approximately 50%. Plaintiffs appeal from that order of the trial court and defendants
cross-appeal from the denial of their motion for a new trial. We reverse the action of the trial court in reducing the verdict
and affirm the action of the trial court in its denial of cross-appellants' motion for a new trial. Gary Meissner, the 16 year, 11 month old son of the plaintiffs had been working for the defendant Smith baling and loading
straw. The straw bales were stacked on a truck about six bales high on the truck bed and to a height of two bales on a platform
above the cab of the truck known as the over-shot. The bales, contrary to the usual custom of Smith, were not tied down. The
truck was driven by Defendant Smith, and Meissner and a companion were sitting upon the bales on the over-shot platform. As
Smith was driving on a county road at a speed of approximately 40 to 50 miles per hour, he observed the defendant Wetzstein
pull onto that same road from a lane approximately 310 feet in advance of the Smith truck. Smith evidently jammed on his brakes,
leaving skidmarks approximately 74 feet in length. Both Meissner and his companion fell off the truck and Meissner later died
of his injuries.