Author Question: By claiming the protections provided under a guess passenger statute, driver hopes to escape ... (Read 39 times)

mpobi80 · **on:** Aug 2, 2018

By claiming the protections provided under a guess passenger statute, driver hopes to escape
liability for injuries caused to a guest because of an automobile accident where the driver was in
control of the automobile at the time of the accident. Since driver was providing transportation for
the guest for free, driver claims that liability arises only if

A) the guest had not known that driver had gotten into accidents before
B) driver intended to injure the guest passenger
C) there was negligence
D) driver acted with willful, wanton and reckless conduct

Question 2

Railroad tracks cross a street. The railroad company has not erected a gate at the crossing because
the line is so infrequently used. One night, a train hits the trunk of a car that was just clearing the
crossing. At trial, the railroad argues that the likelihood of injury was so slight that it had no
responsibility. By arguing that the railroad engaged in willful, wanton, and reckless conduct, the
plaintiff needs to show that

A) the train was traveling at an excessive rate of speed
B) the railroad failed to exercise due care since it did not install a gate
C) the likelihood of injury was very great
D) B and C only