Jenkins V. Snohomish County Public Utility District No. 1

The Jenkins, plaintiffs below, appeal an additur by the trial judge after a jury verdict which he found to be based on passion and prejudice. In support of their appeal they claim error in the admission of three items of evidence: the deposition of a child, testimony regarding parental negligence, and a video reenactment of the accident. Respondents cross-appeal from the judge's removal of the issue of parental negligence from the jury and his grant of an additur without the alternative of a new trial. We grant a new trial inasmuch as the trial judge erred as a matter of law in admitting the deposition of a child who was under 10 years of age and not shown to be competent. We also order exclusion on retrial of the evidence relating to parental negligence.