England v. Stauffer

CARROLL, Judge.

These consolidated appeals were taken by the plaintiff from summary judgments entered for the defendants. Plaintiff sued an owner and a driver of a truck. He sought damages for personal injuries received when he fell or was thrown from the truck owned by appellee Stauffer and driven by appellee Penny. The facts were established without conflict. By granting summary judgments for the defendants the trial court impliedly held the guest statute1 was applicable and that the evidence was not sufficient upon which to base a finding of gross negligence. The question presented by…