King Ex Rel. King v. Barrett

UHLENHOPP, Justice.

The main question in this automobile guest case is whether defendant generated a jury question on assumption of risk.

Plaintiff Sandra King, 17, lives with her parents at Epworth, Iowa, where her father, Eldon King, is town marshal. In the summer of 1968 she was keeping company with defendant Wayne W. Barrett, 21, a farm hand who owned a Rambler car. The evidence is bereft of proof that defendant was a bad driver generally or that he drove recklessly on prior occasions.

On the evening of June 27, 1968, defendant decided to go out with male companions to do some drinking,…