Engle v. Poland

Cabey, J.:

The sole question is whether the status of the plaintiff at the time of the accident was, as a matter of law, that of a “guest” without payment for such transportation. The parties are not in agreement as to the basic facts. For purposes of the present motion, those statements most favorable to the plaintiff must be accepted as correct.

From the record developed through discovery proceedings, a jury could find the following statements to be true. The plaintiff and the defendant were good friends. He was a salesman of storm windows and lived in Wilmington, Delaware. A car was…