McManus v. Buskirk

Motion for new trial. Although aware that the plaintiff has the burden of proof, the trial court directed the jury to render a verdict for plaintiff and to assess the damages. After deliberation the jury returned a verdict of $12,500.00 for the wrongful death of plaintiff’s decedent, Judy McManus, an attractive 17-year-old Junior of considerable promise.

Defendants defend under the guest statute, averring that Judy was riding as a guest and the 16-year-old driver, Anna Jane Buskirk, could kill her without civil liability so long as she refrained from wilfull or wanton misconduct. However, the…