Spence v. Vaught

367 S.W.2d 238 (1963)

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Spence v. Vaught

Arkansas Supreme Court
367 S.W.2d 238 (1963)

MP

Facts

DeWitt and Georgia Vaught (plaintiffs) sued driver Lucy Spence (defendant) under the Arkansas guest statute for damages resulting from a car accident that occurred when the car veered off the road and into a ditch after a tire blew. There was conflicting testimony about noises that the car made before the accident, the speed at which Spence was driving, vocal warnings to Spence before the crash, and tire-rim marks on the highway near the accident. The jury returned a verdict for the Vaughts, and Spence appealed after the trial court denied her motion for directed verdict. Spence argued that there was no evidence of willful and wanton misconduct on her part, which was required under the guest statute before she could be found liable to the Vaughts.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

Dissent (Harris, C.J.)

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