Everett Caviness v. James Hamblen

HASTINGS, Chief Judge.

Plaintiff Everett Caviness brought this action against defendant James Hamblen seeking to recover damages for personal injuries which resulted when plaintiff was struck by an automobile driven by defendant. Plaintiff charged defendant with simple negligence and wanton and gross negligence in his complaint.

The district court entered an order granting defendant’s motion for a directed verdict as to the wanton and gross negligence count. The jury returned a verdict for defendant on the negligence count. Judgment was entered for defendant. Plaintiff’s motion for a new trial…