Biela v. Messner

Plaintiff brought this action to recover damages for personal injuries occasioned when he was walking along the edge of a road at night in the rain and was struck by an automobile driven by defendant. Plaintiff alleged that defendant operated his vehicle negligently and that he was guilty of wilful and wanton conduct. At the close of plaintiff’s case the court directed a verdict for defendant on the wilful and wanton count. The jury returned a verdict finding defendant not guilty of negligence. Judgment was entered on the verdict and plaintiff appealed. Appellant’s theory is that the trial…