Winkler v. Patten

SNELL, Justice.

This case arose under the Iowa Guest Statute. Recklessness on the part of the driver was alleged. There was evidence of considerable beer drinking prior to the accident but no allegation of intoxication. Defendants pleaded assumption of the risk.

In a one-car accident at about 1 a.m. on September 26, 1966, three of the passengers, including plaintiff’s decedent, were thrown from the car and killed. There had been six young men and one girl in the car. The four who survived the crash, including defendant-driver, “took off running.” At the trial of this case defendant-driver and…