Johns

This is an appeal by the plaintiffs from a judgment entered upon a jury’s verdict for the defendant-respondent Raymond Thomas, Inc., a corporation. The action is one for damages by reason of personal injuries to plaintiff-appellant Kenneth Wayne Johns, who was a child just under 4 years of age at the time of the happening of the accident which gave rise to this action. His mother, Dovie Johns, represented him as his guardian ad litem, and she also appeared as a party plaintiff along with the boy’s father, Coy Johns. The plaintiffs by their complaint allege that the accident was caused by the negligence of the defendant Ward and that at the time he was the servant, employee or agent of defendant-respondent Raymond Thomas, Inc., and defendant May. Respondent Raymond Thomas, Inc., answered denying plaintiffs’ allegations of negligence and denied that defendant Ward was the servant, agent or employee of the corporation. The company also affirmatively alleged contributory negligence on the part of the minor plaintiff Kenneth Wayne Johns. The defendant May was served in the action and filed an answer. However, prior to the time of trial plaintiffs moved for a dismissal as to him and the…