Tucker v. Cox

MERRILL, Justice.

Appellee, a minor in the tenth grade, was a guest in an automobile that was involved in a collision at an intersection in Elba. She sued, by next friend, the drivers of both automobiles and recovered a judgment for $10,000. Jackie Tucker, the driver of the Volkswagen in which she was riding, made a motion for a new trial, which was overruled, and he appealed.

The single count in the complaint charged wantonness. When the case was called for trial, defendant Carol Snell I-Iar-grove, the driver of a Falcon, the other car involved in the collision, did not appear and her attorney…