Scheptmann v. Thorn

George Rose Smith, Justice.

On the night of October 22, 1976, Randall Thorn was seriously injured when the pickup truck in which he was a passenger left the highway and overturned. The driver, John W. Hunt, and another passenger were killed. Thorn and his wife brought this action for personal injuries and loss of consortium against Hunt’s employer and Hunt’s estate. There were many disputed questions of fact, including whether Hunt was acting in the scope of his employment, Thorn’s status as a guest, willful and wanton negligence, comparative fault, assumption of risk, and the amount of…