Emery v. Milk

Like Eichner v. Dorsten (1962), 59 Wn. (2d) 728, 370 P. (2d) 592, this is a host-guest case which raises the issue of whether there was evidence from which a jury could find that the host-driver was grossly negligent.

It was submitted to the jury on two issues: Whether or not the conduct of the host, a disfavored driver, constituted gross negligence; and whether there was contributory negligence on the part of the guest. The jury returned a verdict for the guest, and judgment was entered thereon. The host-driver appeals.

The sole issue on the appeal is, as stated in the opening paragraph:…