United States National Bank v. Njust

This is an action for damages for wrongful death against the driver of the automobile in which plaintiff’s decedent was riding at the time of the accident causing her death. Plaintiff appeals from a judgment for defendant notwithstanding a jury verdict of $20,000 for plaintiff.

Plaintiff contends that the trial court erred in holding, as a matter of law, both (1) That plaintiff’s decedent was a “guest,” and (2) That defendant’s decedent, the driver of the car, was not guilty of “gross negligence,” both within the meaning of ORS 30.115.

Since both of the principal participants in this tragedy…