P, was severely injured when the automobile in which she was a passenger was driven into the back of another vehicle and overturned. P sued D. Without any doubt, D was negligent. The only factual issue was whether P failed to exercise reasonable care for her own safety P knew or should have known that D was too intoxicated to drive safely. The trial the judge directed a verdict as to D's negligence. The case was submitted on the issue of D's contributory negligence. P had requested an instruction on comparative negligence. The jury found for D and P appealed. The court of appeals affirmed and P appealed.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.