Haag v. Morgan

Summary

The Arkansas Supreme Court affirmed a judgment for the defendant in a personal-injury action arising from an automobile accident involving an allegedly intoxicated driver. The court held that the Arkansas guest statute applied whether the injured passenger was self-invited or invited by the driver and found no reversible error in the challenged jury instructions, including instructions concerning willful and wanton operation, joint enterprise, and contributory negligence.

Holdings

1. The Arkansas guest statute applies whether the injured passenger was a self-invited guest or was invited by the operator of the automobile.
2. Challenges to the giving of an instruction may not warrant reversal when the alleged error was not properly preserved by objection at trial.
3. The instruction requiring plaintiffs to prove willful and wanton operation and placing on the defendant the burden of proving joint enterprise or contributory negligence was not an improper comment on the evidence.

Questions Presented

1. Whether the Arkansas guest statute applied to Patsy Haag even if she was not a self-invited guest.
2. Whether the trial court erred in instructing the jury on the guest statute, willful negligence, joint enterprise or adventure, and contributory negligence.
3. Whether the challenged instruction improperly commented on the evidence.

Disposition

affirmed