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STAUFFER v. LOTHAMER

No. 3-1177A297.

419 N.E.2d 203 (1981)

Gary L. STAUFFER, Defendant-Appellant, v. Daniel L. LOTHAMER, Plaintiff-Appellee.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 16, 1981.

Attorney(s) appearing for the Case

Don W. Wyneken & Ralph R. Blume, Blume, Wyneken & Bullman, Paul C. Raver, Sr., Raver & Federoff, Fort Wayne, for defendant-appellant.

Arthur G. Surguine and Thomas C. Ewing, Hunt, Suedhoff, Borror, Eilbacher & Lee, Fort Wayne, for plaintiff-appellee.

MILLER, Judge.

The instant appeal presents a situation in which the driver of an automobile, defendant-appellant Gary L. Stauffer, contends there was insufficient evidence of "wanton or wilful misconduct" under Indiana's guest statute, Ind. Code 9-3-3-1, supporting a jury verdict in favor of his passenger, plaintiff-appellee Daniel L. Lothamer, in the amount of $59,000 for injuries which Lothamer sustained in a one-car collision which occurred in Fort Wayne, Indiana...

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