Adair v. Hutton
Adair v. Hutton
Opinion of the Court
Opinion by
The evidence presented brought the case unmistakably under the “guest statute” (C.R.S. 1963, 13-9-1). At the conclusion of the plaintiff’s case, which was tried before a jury, the trial judge directed a verdict in favor of the defendants and nonsuited the plaintiff.
The sole question presented by this writ of error is whether the evidence was such that, viewing it in the light most favorable to the plaintiff, it presented a jury question as to whether the defendants’ son drove in such a manner as to constitute willful and wanton disregard for the safety of the plaintiff.
For a full discussion of the type of evidence required to recover damages under the guest statute, see Pettingell v. Moede, 129 Colo. 484, 271 P.2d 1038.
We have carefully read the transcript and find there was little conflict in the evidence adduced at the trial. The plaintiff was the sole survivor of the accident. Her own testimony, ■ straightforwardly given, does not depict such negligent conduct on the part of the youthful driver that it would amount to the wantonness, heedlessness and recklessness required to be shown.
The judgment is affirmed.
Mr. Chief Justice Moore and Mr. Justice Hodges concur.
Reference
- Full Case Name
- Norma Jean Adair v. Violet M. Hutton and Richard Hutton
- Cited By
- 2 cases
- Status
- Published