Jones v. Motley
| Decision Date | 11 April 1974 |
| Docket Number | No. 2--273A49,2--273A49 |
| Parties | Stanley A. JONES, Appellant (Defendant Below), v. Foresteen MOTLEY et al., Appellees (Plaintiffs Below). |
| Court | Indiana Appellate Court |
C. Wendell Martin, Thomas A. Withrow, Bredell, Martin & McTurnan, Indianapolis, for appellant.
W. Scott Montross, Townsend, Hovde & Townsend, Indianapolis, for appellees.
Defendant-Appellant Stanley A. Jones (Jones) appeals from a jury verdict awarding damages to Plaintiffs-Appellees Foresteen, Damon, and Sherry Motley (the Motleys) for personal injuries sustained in an automobile accident, claiming the evidence was insufficient to support a finding that Jones was guilty of wanton or wilful misconduct within the meaning of the Indiana Guest Statute.
We affirm.
The evidence and facts most favorable to the judgment are:
On May 30, 1967, William Motley and his family (the Plaintiffs-Appellees (the Motleys)), were driven by Jones to his home on North Riley Street in Indianapolis for a holiday barbecue, arriving there about 2:00 P.M.
Jones spent most of the day tending the barbecue in the back yard and was observed by Mrs. Motley drinking beer, 'quite often', throughout the afternoon and evening. Mrs. Motley and others testified that Jones did not appear to be drunk when they prepared to leave about 10:30 P.M.
Jones and the Motleys, together with four other individuals left Jones' residence on North Riley with Jones at the wheel of his newly acquired 1966 Pontiac. The auto was driven 'fast' by Jones north for two and one-half blocks at a speed in excess of 35 miles per hour. The Pontiac then turned left on Thirty-Fourth Street heading west at the same 'fast' speed.
It was raining, dark, and there was heavy fog restricting visibility. The section of Thirty-fourth Street onto which Jones turned was a flat, four-lane street which had a posted speed limit of 30 miles per hour. There were automobiles parked in the outside lanes on each side of the street. The center line was painted white. Passing was not prohibited.
As Jones proceeded west along Thirty-Fourth Street Mrs. Motley warned Jones, 'Stanley, would you slow down, please, 'cause I'm scared.' Jones did not respond to the warning and shortly thereafter attempted to pass another westbound vehicle within 30 feet of the Rural and Thirty-Fourth Street intersection. In doing so, the Pontiac driven by Jones crossed the center line and collided headon with another automobile in the eastbound lane which had its headlights on and was proceeding east on Thirty-Fourth Street.
Officer Don Wright (Wright), the investigating officer for the Indianapolis Police Department, upon arriving found the cars with extensive front-end damage situated in the eastbound lane on Thirty-Fourth Street. Wright testified that Jones had a strong odor of alcohol on his breath and his speech was slurred. Wright checked on his accident report that Jones was 'drunk, obviously drunk,' and thereupon arrested him for driving while under the influence, reckless driving, and being drunk. Jones was subsequently found not guilty of these charges.
Trial before a jury returned a verdict for Mrs. (Foresteen) Motley in the amount of $1, and in the amount of $3,500 each for Damon and Sherry Motley.
Is there sufficient evidence to support the jury's verdict finding Jones guilty of wanton and wilful misconduct in the operation of his automobile within the meaning of the Indiana Guest Statute?
Jones argues the evidence most favorable to his case as to speed, intoxication, warning, etc., claiming his conduct amounted to no more than an error of judgment, i.e., ordinary negligence. In addition, he contends Jones did not display an attitude adverse to his guests, or 'of perverseness,' which is necessary to constitute wantonness.
Motley adds up the elements of speed, poor visibility, intoxication, crossing the center line into the path of an approaching automobile, and an ignored warning from the guest, all as being more than sufficient to constitute wilful or wanton misconduct.
CONCLUSION--It is our opinion that the evidence was sufficient to support the jury's verdict finding Jones guilty of wilful or wanton misconduct in the operation of his vehicle.
Because the subject of the mental attitude required of a host in a guest case to subject him to liability for wanton and wilful misconduct within the meaning of the Indiana Guest Statute 1 has received recent, frequent, and extensive treatment, we only need briefly treat the narrow issue raised by Jones. See: Barnes v. DeVille (1973), Ind.App., 293 N.E.2d 54; Tutterrow v. Brookshire (1972), Ind.App., 284 N.E.2d 87; Brooks v. Bloom (1972), Ind.App., 279 N.E.2d 591; Cheek v. Hamlin (1972), Ind.App., 277 N.E.2d 620; Schwing v. McKibbin (1970), 148 Ind.App. 222, 264 N.E.2d 629; Morgan v. Reneer (1970), 148 Ind.App. 90, 264 N.E.2d 71; Mazza v. Kelly (1970), 147 Ind.App. 33, 258 N.E.2d 171; Brueckner v. Jones (1970), 146 Ind.App. 314, 255 N.E.2d 535.
The sole ground of Jones' attack on the judgment is that he did not manifest the adverse attitude towards his guests indicating an indifference on his part to the consequences of his conduct. He analyzes and seeks solace from some of the cases cited above . . . solace which is not there.
The mental state or attitude of a host in a wilful or wanton misconduct case has often been described:
'To hold one guilty of 'wilful' or 'wanton' conduct, it must be shown that he was conscious of his conduct and with knowledge of existing conditions that injury would probably result, and with reckless indifference to consequences, he consciously and intentionally did some wrongful act or omitted some duty which produced the injuries.' Bedwell v. DeBolt, (1943) 221 Ind. 600, 607, 50 N.E.2d 875, 878.
And again in Sausaman v. Leininger (1958), 237 Ind. 508, 514, 146 N.E.2d 414, 418:
'We concur in the fact that to constitute 'willful or wanton misconduct' there must be a 'perverse motive,' in that the misconduct must be conscious and intentional and of such a nature that under the known existing conditions injury will probably result therefrom.'
In Brueckner v. Jones, supra, the guidelines garnered from previous cases were summarized as follows:
a. An error of judgment or a mistake standing alone, on the part of the host, will not amount to wanton or wilful misconduct.
b. The host must have manifested an attitude adverse to the guest, or of 'perverse...
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