Vipond v. Jergensen

Plaintiff Tim Yipond sought damages for personal injuries sustained by him while riding in an automobile *649owned by the defendant Wendell Jergensen and operated by his son Charles. The action, brought in two counts, charged Charles with reckless operation and alleged plaintiff was not a guest. At the close of plaintiff’s evidence a verdict was directed against him on both counts. The court held (1) the evidence was insufficient to permit a jury-finding of recklessness, and (2) the evidence was insufficient to permit a jury-finding that the accident trip was for the mutual, definite and tangible…