Chatterton v. Green

375 F.2d 258 Alice CHATTERTON, a widow, and Brenda Jean Chatterton, a minor by her Guardian ad Litem Alice Chatterton, Appellants, v. Russell E. GREEN, a minor, and Robert A. Green and Mrs. Robert A. Green, husband and wife, Appellees. No. 20441. United States Court of Appeals Ninth Circuit. March 23, 1967, Rehearing Denied May 11, 1967. Sidney E. Smith, Smith, Kimball & Reed, Coeur D'Alene, Idaho, Del Cary Smith, Smith, Smith & Smith, Spokane, Wash., for appellants. E. L. Miller, Coeur D'Alene, Idaho, for appellees. Before MERRILL and KOELSCH, Circuit Judges, and BEEKS, District Judge. KOELSCH, Circuit Judge. 1 This is a diversity action arising out of an automobile accident that occurred in the State of Idaho. George Chatterton, driving south on Highway 95 about four miles north of Sandpoint, Idaho, was attempting to pass a car driven by the minor defendant, Russell Green, when the two cars collided. George Chatterton was killed in the collision; his wife, alice, suffered personal injuries. 2 Mrs. Chatterton Brought suit to recover damages against Russell Green. In her complaint she set out two claims-- one for the wrongful death of her husband George, the other for…