Estate of Holderbaum v. Gibson

Patricia Gibson filed a complaint against Florence Holderbaum and the estate of Paul E. Holderbaum (hereafter collectively referred to as “the estate”), alleging that she was injured while riding in a car driven by Paul Holderbaum. Prior to the trial, the trial judge ruled that the Indiana Guest Statute 1 was unconstitutional. Accordingly, the case was tried on the theory of negligence, as opposed to the theory of wilful and wanton misconduct. Following the submission of the evidence, the estate moved for a judgement on the evidence on the basis that wilful and wanton misconduct had not been…