COMMUNITY MOTOR BUS CO., INC. v. Windley

John Windley, Jr., sued the Community Motor Bus Company, Inc., alleging he was injured as a result of the company’s negligence. A jury verdict in favor of Windley was approved by the trial court, and the Company appeals. The dispositive question is whether the evidence is sufficient as a matter of law to prove gross negligence.

Since Windley prevailed in the court below, we will state the evidence in the light most favorable to him. On March 3, 1974, Windley, a part-time security guard, boarded the defendant’s bus. He displayed his badge to the driver who, mistaking him for a police officer,…