Robinson v. Lindsay
Supreme Court of Washington
598 P.2d 392, 92 Wash.2d 410 (1979)
- Written by Michael Beverly, JD
Facts
Billy Anderson (defendant), age 13, was driving a snowmobile owned by the Lindsay family (defendants) and pulling Kelly Robinson (plaintiff), age 11, on an attached inner tube. The snowmobile crashed, resulting in Robinson losing the full use of one of her thumbs. Robinson brought suit for negligence. The trial court instructed the jury that it was Anderson’s duty to use the same standard of care that a reasonably careful child of his age, intelligence, maturity, training, and experience would use in the same or a similar situation. The jury found in Anderson's favor, but Robinson excepted to the jury instruction. Robinson claimed that an adult standard of care should have been used. Based on this, the trial court ordered a new trial. Anderson appealed.
Rule of Law
Issue
Holding and Reasoning (Utter, C.J.)
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