Gwinn v. Payne

DAVISON, Justice.

This appeal is presented by Mary E. Gwinn, plaintiff in error, as plaintiff in the trial court, against Billy John Payne, defendant in error, as defendant below. The parties will be hereinafter designated as they appeared in the trial court.

Plaintiff’s action against defendant was for damages for personal injuries alleged to have been suffered by her, arising out of an automobile collision between the car (Volkswagen) driven by her husband in which she was a front seat passenger and the car (Pontiac) driven by defendant.

Plaintiff alleged that in the early part of the…