McGowan v. Wilson

HENDRY, Judge.

This is an appeal by the defendant-driver from an adverse final judgment entered pursuant to a jury verdict in favor of the plaintiff-passenger. No evidence of gross negligence on the part of the defendant-driver was offered by the plaintiff. The trial judge denied the defendant’s motion for a directed verdict at the conclusion of the plaintiff’s case and again after all the testimony had been taken. The case was submitted to the jury on the issue of simple negligence only, based upon the trial judge’s conclusion that the plaintiff was not a guest of the defendant as a matter of…