Dorothy Hammer v. Joyce E. Jordan Stanley

HILL, Circuit Judge.

In this diversity action appellant guest passenger sued appellee host driver for injuries sustained in a one-car accident. The jury found appellee grossly and wantonly negligent in operating the car, and awarded appellant $15,500 in damages. After the jury’s verdict the trial court sustained appellee’s motion for judgment notwithstanding the verdict on the theory that as a matter of law under the Kansas Guest Statute, KSA 8-122b (1964), the evidence did not support a finding that appellee’s operation of the automobile constituted gross and wanton negligence.

The judgment,…