Brown v. Powell

CURTISS BROWN, Justice.

This is a wrongful death case under the Texas guest statute.

Stephen Brown, the son of appellants, was killed in a one-car collision, while riding as the guest of. Michael Powell, the son of appellee. Michael Powell was also killed in the accident. Appellants brought this wrongful death action against appellee Powell on a negligent entrustment theory. Trial was to a jury, but the trial court granted judgment non obstante veredicto for appellee.

On the night of the fatal accident, April 28, 1970, Michael Powell was driving a family car. His passengers were Stephen Brown…