Herbert Susmann v. Paul J. Tullar

Paul Tullar appeals from a jury verdict in favor of plaintiff Herbert Susmann for $60,180 in a suit arising out of injuries sustained by Susmann when Tullar’s automobile, in which Susmann was riding as a guest, left the road and struck a telephone pole. The accident occurred on Route 46 between Jefferson and Ashtabula, Ohio on the evening of May 1, 1957. Jurisdiction of the district court was based upon diversity of citi zenship. Tullar contends on this appeal that there was insufficient evidence to permit the ease to go to the jury on the issue of his wanton misconduct required by the Ohio…