Herrod v. Schimmelfing

MANN, Judge.

The sufficiency of a complaint alleging gross negligence is the only question here. We think the motion to dismiss the complaint was improperly granted.

Plaintiff was a passenger in defendant’s car. She alleges that his gross negligence consisted in failing to maintain a proper lookout for oncoming traffic, driving his automobile directly into the path of another car and colliding with it, and by driving when under the influence of alcoholic beverages to the extent that his normal faculties were impaired. Defendant attempted to make a left turn at a time when an automobile coming…