Citizens Commercial & Savings Bank v. Gambill

Plaintiff, as decedent’s administrator, filed an action against defendants, one of whom was driving the other defendant’s car at the time of an accident in which decedent, a guest passenger in the car, was killed. The jury awarded damages against defendants, who thereafter appealed. The controlling issue is whether the facts as presented pose a jury question of defendants’ liability for gross negligence or wilful and wanton misconduct under the guest passenger statute, CLS 1961, § 257.401 (Stat Ann 1968 Rev § 9.2101). Defendants contend the facts present an issue of negligence only, and thus…