Conway v. O'Brien
United States Court of Appeals for the Second Circuit
111 F.2d 611 (1940)
Relevant factsFree
O'Brien (defendant) drove about 15 miles per hour on a little-traveled Vermont road and took a sharp turn on the wrong side of the road, a common local practice, but encountered an oncoming car and could not avoid a collision, injuring passenger Conway (plaintiff); Vermont's Guest-Occupant law required Conway to prove gross or willful negligence to recover as a passenger, and the jury found for Conway.
IssueFree
Whether gross negligence requires proof that the defendant's conduct must be significantly below the ordinary standard of care.