Gunnells v. Dethrage

These appeals present a question of first impression: Is a minor held to an adult standard in determining whether his conduct while operating a motor vehicle is wilful or wanton? We hold he is.

Appellee, David Dethrage, a minor, filed his action against appellant, Steven Gunnells, also a minor, to recover damages for personal injuries received while a passenger in an automobile driven by Gunnells. Dethrage had accompanied Gunnells on a late night trip from Birmingham to Anniston. During the trip Gunnells fell asleep at the wheel, and the automobile left the road and struck a bridge abutment.…