Jones v. Pasco
| Decision Date | 19 January 1942 |
| Citation | 18 S.E.2d 258 |
| Court | Virginia Supreme Court |
| Parties | JONES. v. PASCO. |
Error to Circuit Court, Prince George County; Robert W. Arnold, Judge.
Action by notice of motion by William H. Jones against Laura J. Pasco to recover for injuries sustained by plaintiff while riding as a guest in defendant's automobile. To review a judgment for defendant, plaintiff brings error.
Reversed and final judgment entered for plaintiff.
Before CAMPBELL, C J., and HOLT, HUDGINS, GREGORY, BROWNING, EGGLESTON, and SPRATLEY, JJ.
Thomas L. Woodward, of Suffolk, and J. J. Temple, of Prince George, for plaintiff in error.
No appearance for defendant in error.
William H. Jones brought this action by notice of motion against Laura J. Pasco to recover damages for personal injuries sustained by the plaintiff while riding as a guest in an automobile owned and operated by Miss Pasco. The defendant pleaded the general issue.
At the conclusion of all the evidence, the defendant moved to strike the evidence of the plaintiff on the ground that it did not prove gross negligence. The motion was overruled, and the case was submitted to the jury on the sole issue of gross negligence. All of the seven instructions of the court, except one bearing on the amount of damages, related to or defined gross negligence as distinguished from ordinary negligence. There was no objection to the instructions.
The jury returned a verdict for the plaintiff in the sum of $2,500. The trial court granted a motion of the defendant to set it aside as contrary to the law and the evidence and without evidence to support it and entered judgment for the defendant.
The defendant was represented by counsel at the trial in the lower court. She did not appear in person or testify, nor did she contest the granting of this writ of error or reply by brief after it was granted.
The plaintiff and two witnesses called by him testified. Their evidence is short and not in conflict.
Jones and Miss Pasco had been friends for three years or more. On Saturday evening, August 19, 1939, by pre-arrange-ment between them, Miss Pasco left her home at Blacksburg, Virginia, and met Jones at a hotel in Lynchburg, Virginia. There, Jones got in her car, a 1939 Chevrolet coach, and they started out for a ride with no special destination. Subsequently, she said she would like to go to Virginia Beach and invited Jones to go with her as her guest. Jones at first told her it was too long a trip, that it was Saturday night, and that he had to be back at work on Monday morning. Upon her insistence, however, he finally consented to make the trip as her guest.
They left Lynchburg between 10:30 and 11:00 p. m. Just outside of that city, Jones took the wheel and drove on through Richmond and then towards Petersburg. Miss Pasco slept a portion of the time before they reached Richmond. On reach-ing Petersburg, they stopped at a service station and got coffee and sandwiches. When they resumed their journey, Miss Pasco said she would like to drive and took the wheel and started off. She was driving rather fast and Jones told her to slow down because they had plenty of time. After they had passed through Petersburg, he again warned her as to her speed. Thereafterwards, Jones said that he closed his eyes "to catch a few winks of sleep;" and that he was not completely asleep, "just half way, " when he felt the car leave the road and hit a tree. He then lost consciousness. The car was badly damaged and Jones was seriously and permanently injured. He spent eight weeks in the hospital under medical supervision.
The accident occurred about five a. m., on a four-lane, main State highway, Route 460. The road is a straight, concrete highway, forty feet wide, with shoulders in addition. There was little traffic on the road, and there was no collision with any other car.
Jones testified that when he was in the hospital, the defendant hold him she was sideswiped and driven off the road; then again that she went to sleep and the car left the road; and still later that she did not know what happened. The mother of...
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