McWethy v. Lee

This is that rare case. It is that extremely unusual situation involving willful and wanton misconduct that no longer remains a question of fact for the jury, but one that is established as a matter of law. In this appeal we must consequently reverse the jury verdict for defendant, grant the plaintiff a judgment n.o.v., and remand the cause for a new trial as to damages only.

The rather detailed factual background unfolds thusly:

We begin with six teenagers in a car — three boys, three girls. One boy 18, two boys 17, two girls 15 and the other girl 13. It was on a Friday evening in November…