Lussan v. Grain Dealers Mutual Insurance Company

280 F.2d 491 (5th Cir. 1960)

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Nature of the Case

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Facts

A wasp managed to find its way into D's car. Two others were with D in the front seat as his guests. D swatted at the wasp. One of the passengers suddenly looked down and hollered out 'watch out, it's still alive.' Instinctively, D looked down at the floorboard and simultaneously made a sweeping swat at the wasp or where the wasp was thought to be. When D by involuntary reflex took the swat, he lurched just enough to pull the steering wheel over to crash the moving car into a vehicle parked at the curb. P was injured by the collision and sued, and the jury returned the verdict for D. P claims the trial court erred in not granting P's motions for instructed verdict and j.n.o.v.