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defendantnegligencestatutetrialverdictmotionwill
plaintiffdefendantnegligencestatutetrialverdict

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Williamson v. McKenna, 223 Or. 366, 354 P.2d 56

Facts

The accident occurred on July 26, 1955, when the defendant, driving south on Highway 99W, made a left turn into Lafayette Avenue without signaling, directly in front of an oncoming vehicle driven by Seth Bellwood, Jr. Both the defendant and the guest passenger were unfamiliar with the area and were attempting to read a road sign at the intersection when the collision happened. The jury initially found in favor of the defendant, leading to the guest's motion for a new trial, which was granted by the Circuit Court.

The accident occurred at approximately three o'clock on the afternoon of July 26, 1955. Defendant was proceeding in a southerly direction on Highway 99W when his automobile collided with an automobile driven by Seth Bellwood, Jr., who was travelling in a northerly direction.

Issue

Whether the conduct of the driver constituted gross negligence or reckless disregard of the rights of others under the Automobile Guest Statute.

Defendant moved for a directed verdict on the ground that there was no evidence of gross negligence as required by the guest statute, ORS 30.110.

Rule

Gross negligence or reckless disregard of the rights of others occurs when a driver intentionally does or fails to do an act that creates an unreasonable risk of bodily harm to a guest, knowing or having reason to know that such conduct involves a high degree of probability that substantial harm will result.

The court set for reargument both of these cases together with several other cases involving the application of the guest statute, with the object of making a thorough re-examination of the law under the statute in the hope that our differences in view could be reconciled and that a more definitive and clearer statement of the court's position could be reported.

Analysis

The court analyzed the driver's actions in the context of the guest statute, determining that the lack of signaling and the sudden left turn in front of an oncoming vehicle could be interpreted as gross negligence. The court emphasized the need for a clear standard to assess whether the driver's conduct met the threshold for gross negligence, ultimately concluding that the jury could reasonably find the driver's actions to be reckless.

It is evident from the conflicting opinions expressed in the recent cases of Secanti v. Jones, Or., 349 P.2d 274 and Burghardt v. Watson (Olson), Or., 349 P.2d 792, both decided in department, that this court was not in agreement as to the circumstances under which our guest statute, ORS 30.110 should be applied.

Conclusion

The Supreme Court reversed the Circuit Court's order granting a new trial, indicating that the jury's verdict in favor of the driver should stand.

Order reversed.

Who won?

The prevailing party was the driver, as the Supreme Court reversed the order for a new trial, affirming the jury's verdict.

The jury returned a verdict for the defendant, whereupon plaintiff moved for an order granting a new trial which was granted.

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