Purtle v. Shelton
Arkansas Supreme Court
474 S.W.2d 123 (1971)
- Written by Rose VanHofwegen, JD
Facts
Seventeen-year-old Kenneth (“Bubba”) Shelton Jr. (codefendant) accidentally shot his hunting companion Jerry Purtle with a high-powered rifle while hunting deer. Jerry’s father, Robert Purtle (plaintiff), sued Bubba and his father, Kenneth Shelton Sr. (codefendant), on Jerry’s behalf. The jury found both boys equally at fault, so Purtle recovered nothing under Arkansas’s comparative-negligence rule. Purtle appealed, arguing that the trial court should have applied an adult standard of care instead of the degree of reasonable care for a minor of Bubba’s age.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
Dissent (Byrd, J.)
Dissent (Fogleman, J.)
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