Gibson v. Estate of Holderbaum

HOFFMAN, Judge.

This appeal contests a judgment on the evidence which was granted in favor of the defendant at the close of the plaintiff’s case in an action for personal injuries. The plaintiff was a guest in a car driven by Paul Holderbaum and, thus, this case is governed by the Indiana Guest Statute found at IC 1971, 9-3-3-1 et seq. (Burns 1980 Repl.). The case proceeded on a theory of wanton misconduct by the driver which caused the plaintiff’s injuries.

To properly grant a judgment on the evidence, the trial court must find that the evidence and all reasonable inferences to be drawn…