Facts

This wrongful death action stemmed from an incident occurring on Aug. 3, 2006, in which plaintiffs' deceased husband and father, Jack Kay, fell from a ladder at the defendants' home. Defendant Garry Kay is the brother of the deceased, Jack Kay. Karen Kay is Garry Kay's wife and Wesley Sprinkle is Karen Kay's brother. Sprinkle was living with Garry and Karen Kay at the time of the incident. Sprinkle was the only witness to the accident.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Sprinkle was supposed to be assisting the decedent with cutting down a tree in Garry and Karen Kay's front yard by spotting the decedent's ladder. The plaintiffs contended that Sprinkle walked away from the ladder causing the decedent to fall.

Jennifer Kay testified that during a conversation with Garry Kay at the hospital, he told her that Sprinkle was supposed to be spotting the decedent.

The plaintiffs contended that Garry and Karen Kay were negligent because they allowed Sprinkle to assist the decedent even though Sprinkle was not physically able to do so.

DEFENDANTS' CONTENTIONS:
The defendants contended that Sprinkle was not assisting the decedent and that the decedent was working alone. The defendants also contended that the decedent was under the influence of methamphetamine and alcohol and was impaired at the time of the incident.

Result

The court granted non-suit in favor of Garry and Karen Kay on the basis that no evidence of negligence was presented. The court granted non-suit as to Sprinkle on the basis that no evidence of causation was presented.