Fossi v. George

The plaintiff, Beverly Austin Fossi, sued the defendant, Kenneth K. George, for damages for personal injuries suffered by her as the result of the collision of an automobile driven by George, in which plaintiff was a guest passenger, with a guard rail upon the edge of a highway. Trial by jury resulted in a verdict and judgment in favor of defendant. The trial court, on motion of plaintiff, set aside the judgment and ordered a new trial. Assigning this action of the court as error, defendant appeals.

In her complaint, plaintiff charged defendant with gross negligence, as follows: (a) Driving at…