Sewell v. Douberly

Court of Appeals of Georgia

Sewell v. Douberly

156 S.E.2d 528, 116 Ga. App. 65, 1967 Ga. App. LEXIS 696

CourtCourt of Appeals of Georgia

DecidedJune 23, 1967

Docket42831

StatusPublished

Cited by2 cases

This text of 156 S.E.2d 528 (Sewell v. Douberly) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sewell v. Douberly, 156 S.E.2d 528, 116 Ga. App. 65, 1967 Ga. App. LEXIS 696 (Ga. Ct. App. 1967).

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Opinion

Bell, Presiding Judge.

In this suit to recover for personal injuries caused by defendant’s negligence in the operation of an automobile, plaintiff’s petition showed that plaintiff was a guest passenger, that defendant had stopped the vehicle in order to discharge plaintiff and had left the motor running, that plaintiff had stepped to the ground and that while plaintiff was reaching back into the vehicle to remove her package a third person inside the vehicle struck the gear shift, engaging the automobile in reverse gear and causing it to lurch backward and knock plaintiff to the ground. Held:

As plaintiff was still in process of alighting from the vehicle when she was injured, the guest passenger relationship had not terminated. Where plaintiff did not expressly allege gross negligence, but charged merely that defendant’s conduct was ordinary negligence, and the facts alleged did not demand the inference of gross negligence, it was not error to sustain defendant’s general demurrer to the petition. Townsend v. Minge, 44 Ga. App. 453 (161 SE 661); Capers v. Martin, 54 Ga. App. 555 (5) (188 SE 465); Wilder v. Steel Products Co., 57 Ga. App. 255, 257 (195 SE 226); Perry v. Poss, 86 Ga. App. 169, 173 (71 SE2d 283); McBee v. Williamson, 96 Ga. App. 859 (3) (101 SE2d 910).

Judgment affirmed.

Pannell and Joslin, JJ., concur.

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Bell, Presiding Judge.

In this suit to recover for personal injuries caused by defendant’s negligence in the operation of an automobile, plaintiff’s petition showed that plaintiff was a guest passenger, that defendant had stopped the vehicle in order to discharge plaintiff and had left the motor running, that plaintiff had stepped to the ground and that while plaintiff was reaching back into the vehicle to remove her package a third person inside the vehicle struck the gear shift, engaging the automobile in reverse gear and causing it to lurch backward and knock plaintiff to the ground. Held:

As plaintiff was still in process of alighting from the vehicle when she was injured, the guest passenger relationship had not terminated. Where plaintiff did not expressly allege gross negligence, but charged merely that defendant’s conduct was ordinary negligence, and the facts alleged did not demand the inference of gross negligence, it was not error to sustain defendant’s general demurrer to the petition. Townsend v. Minge, 44 Ga. App. 453 (161 SE 661); Capers v. Martin, 54 Ga. App. 555 (5) (188 SE 465); Wilder v. Steel Products Co., 57 Ga. App. 255, 257 (195 SE 226); Perry v. Poss, 86 Ga. App. 169, 173 (71 SE2d 283); McBee v. Williamson, 96 Ga. App. 859 (3) (101 SE2d 910).

Judgment affirmed.

Pannell and Joslin, JJ., concur.

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Bluebook (online)

156 S.E.2d 528, 116 Ga. App. 65, 1967 Ga. App. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sewell-v-douberly-gactapp-1967.

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