Right, but by upholding that there was no negligence in the alternative case they prevent the conditions in Wrongful Death of a Minor from being met. There is n

Right, but by upholding that there was no negligence in the alternative case they prevent the conditions in Wrongful Death of a Minor from being met. There is nothing left to argue. Are you suggesting the lower court now over rules the upper court and say there was negligence? The upper court has already said there wasn’t. Just because it was settled in a side branch doesn’t reverse the decision or leave it up for discussion.