Fors v. Waters

The accident which was the genesis of this appeal occurred on May 29, 1963, when defendant, without warning, started the engine of his car while it was being inspected by plaintiff, thereby snipping off part of plaintiff’s thumb. A jury verdict for $2,500 is appealed on the basis that plaintiff did not sustain the burden of proof in demonstrating gross negligence or wilful and wanton misconduct on defendant’s part, *339and that as a matter of law defendant was. entitled to a judgment of no cause of action.

The pertinent events leading up to the thumb-cropping are these: Defendant Waters stopped at…