Supreme Court of Washington
598 P.2d 392 (Wash. 1979)
Billy Anderson (defendant), a 13 year old, was driving a snowmobile with Kelly Robinson (plaintiff), age 11, being pulled on an attached 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 the Anderson’s duty to use the same standard of care that children his age and of his intelligence would use. The jury found in favor of Anderson, but Robinson excepted to the jury instruction, claiming 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
Holding and Reasoning (Utter, C.J.)
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