Zumwalt v. Lindland

This is an action for damages arising out of a personal injury sustained in an automobile accident. *29The plaintiff was a gnest passenger within the meaning of OES 30.115. He appeals from a judgment entered on a verdict for the defendant.

Two young men had gone to a dance. Both had been drinking beer. There is no allegation or proof that either was intoxicated. The parties left the dance in the defendant’s pickup truck. Shortly thereafter, the vehicle failed to negotiate a curve and left the highway.

Prom the plaintiff’s description of the defendant’s driving, the jury could have found that the…