Lukens v. Zavadil

ANDERST, Circuit Judge.

This is an action for damages, the result of an automobile accident covered by our guest statute SDCL 32-34-1. * The jury returned a verdict in the amount of $20,000 in favor of plaintiff. Defendant moved for judgment notwithstanding the verdict, which was granted by the trial court. Plaintiff appeals from the order granting that motion and the judgment entered thereon. We reverse and remand with instructions to the trial court to reinstate the jury verdict.

Plaintiff was a passenger in an automobile operated by defendant that was involved in an accident on April 13,…