HAMMER v. STANLEY

No. 73-1288.

491 F.2d 1297 (1973)

Dorothy HAMMER, Plaintiff-Appellant, v. Joyce E. Jordan STANLEY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 18, 1973.


Attorney(s) appearing for the Case

Howard A. Spies, Topeka, Kan., for plaintiff-appellant.

James E. Benfer, Topeka, Kan. (David L. McLane, Topeka, Kan., on the brief), for defendant-appellee.

Before CLARK, Associate Justice, LEWIS, Chief Judge, and HILL, Circuit Judge.


HILL, Circuit Judge.

In this diversity action appellant guest passenger sued appellee host driver for injuries sustained in a one-car accident. The jury found appellee grossly and wantonly negligent in operating the car, and awarded appellant $15,500 in damages. After the jury's verdict the trial court sustained appellee's motion for judgment notwithstanding the verdict on the theory that as a matter of law under the Kansas Guest Statute, KSA 8-122b (1964), the evidence...

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