Thuente v. Hart Motors

Mantz, G. J.

(dissenting) — Being unable to agree with that part of the majority opinion holding that the lower court erred in sustaining a motion to direct a verdict in favor of defendants on Count I of the petition (being the negligence count), I therefore respectfully dissent to that portion of the opinion and concur in the other parts thereof.

I. Count I of the petition Avas based upon negligence; Count II, upon recklessness; both resulting in damages'claimed. The majority opinion holds that the lower court erred in submitting to the jury the claim based upon recklessness and also erred in…