Edith Peterson v. Marie Exum

Edith Peterson brought this action against her sister, Marie Exum, to recover damages for injuries received while riding as a guest passenger in an automobile driven by Mrs. Exum. The accident occurred at Malone, Grays Harbor County, in the State of Washington. Federal jurisdiction rests on diversity of citizenship.

The case was tried to a jury which returned a verdict for plaintiff in the amount of $50,000. Judgment n. o. v. was entered for defendant. Plaintiff appeals.

The only question presented here is whether the trial court erred in concluding that there was insufficient evidence to support the jury finding of gross negligence on the part of appellee driver. Such a finding is necessary in Washington to support a judgment for damages in favor of a guest passenger against a host driver, where the accident is not intentional or caused by intoxication. RCW 46.08.080.

The accident occurred at the T intersection formed by the western terminus of an east-west county road and a north-south arterial highway known as primary state highway No. 9. After dark on September 2, 1957, Mrs. Exum was driving in a westerly direction on the county road, intending to make a left turn at the…

(concurring).

As the trial judge thought, I think the evidence of gross negligence on the part of appellee is thin. But I assume that one is not required to have gross evidence to prove gross negligence. I could not concur in the above decision were it not for the comparatively recent reversals by the Supreme Court of Johnson v. Union Pacific, 352 U.S. 957 , 77 S.Ct. 359 , 1 L.Ed. 2d 316 ; Gibson v. Phillips Petroleum Co., 352 U.S. 874 , 77 S.Ct. 16 , 1 L.Ed.2d 77 ; and Williams v. Carolina Life Insurance Co., 348 U.S. 802 , 75 S.Ct. 30 , 99 L.Ed. 633 .

Factually, the cases are not the same, but I think they indicate what the highest court would do with this case.

283 F.2d 499 Edith PETERSON, Appellant, v. Marie EXUM, Appellee. No. 16757. United States Court of Appeals Ninth Circuit. Nov. 1, 1960. Rehearing Denied Dec. 2, 1960. Hull, Armstrong & Vander Stoep, Grant Armstrong, J.A. Vander Stoep, Chehalis, Wash., Gene L. Brown, Grant Pass, Or., for appellant. Lycette, Diamond & Sylvester, Martin L. Wolf, Seattle, Wash., for appellee. Before CHAMBERS and HAMLEY, Circuit Judges, and SOLOMON, District judge. HAMLEY, Circuit Judge. 1 Edith Peterson brought this action against her sister, Marie Exum, to recover damages for injuries received while riding as a guest passenger in an automobile driven by Mrs. Exum. The accident occurred at Malone, Grays Harbor County, in the State of Washington. Federal jurisdiction rests on diversity of citizenship. 2 The case was tried to a jury which returned a verdict for plaintiff in the amount of $50,000. Judgment n.o.v. was entered for defendant. Plaintiff appeals. 3 The only question presented here is whether the trial court erred in concluding that there was insufficient evidence to support the jury finding of gross negligence on the part of appellee driver. Such a finding is necessary in Washington…