This section contains the nature of the case and procedural background.

This was an action seeking damages for personal injuries brought on behalf of P who lost full use of her thumb in a snowmobile accident when she was 11-years-old. D was the driver of the snowmobile, and he was 13-years-old at that time. P was a passenger on D’s snowmobile. The jury was instructed it is the duty of a child to exercise the same care that a reasonably careful child of the same age, intelligence, maturity, training, and experience would exercise under the same or similar circumstances. The jury verdict was given to D. The trial court ordered a new trial based on an error in the jury instruction related to the standard of care for D. D appealed.

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