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5 Wash. L. Rev. 91 (1930)
Gross Negligence

handle is hein.journals/washlr5 and id is 97 raw text is: WASHINGTON LAW REVIEW Vo,uME V JUNE, 1930 Numnan 3 GROSS NEGLIGENCE I The rule is well established that the operator of an automobile owes an invited guest a duty to exercise reasonable care M its oper- ation, and will be liable to the guest for ordinary negligence winch causes injury to him.' Nevertheless, a few jurisdictions have adopted the rule that gross negligence must be shown in order to hold the operator liable to his invited guest, or stated conversely, that only slight care is required of the operator of an automobile toward his invited guest. The leading case in support of this view is Massaletti v. Fitzroy2 which, after a very elaborate review and discussion of the authorities on the subject, concludes that degrees of negligence are recognized in Massachusetts, and that the measure of liability of one who undertakes to carry gratis is the same as that of one who undertakes to keep gratis, winch is only for gross negligence in that jurisdiction. Georgia, in Epps. v. Patshb,3 and Pennsylvania, in Cody v. Venzte4, also follow the gross negligence doctrine. THE WASHnnGTON RuLE The latter doctrine is now firmly established in the Washington law. The first case of significance seems to be Pinckard v. Peasi,3 in winch a guest was injured when the car skidded through a bridge railing while the owner was hurrying to take the guest (a doctor) to the bedside of the owner's mother. The court said that the IPerkins v. Galloway, 194 Ala. 265, L. R. A. 1916E 1190, 69 So. 875 (1915) Beard v. Klusmeter, 158 Ky. 153, 164 S. W 319, 50 L. R. A. (n.s.) 1100, Ann. Cas. 1915D 342 (1914) Avery v. Thompson, 117 Me. 120, 103 Atl. 4, L. R. A. 1918D 205 (1918) Collections of cases in 20 A. L. R. 1014, note. 228 Mass. 487, 118 N. E. 168, L. R. A. 1918C 2644, Ann. Cas. 1918B 1088, 18 N. C. C. A. 690 (1917) 2 26 Ga. App. 399. 106 S. E. 297 (1921). '263 Pa. 541, 107 Atl. 383 (1919). But see Ferrell v. Solskz, 278 Pa. 565, 123 Atl. 493 (1924), where the court cited Cody v. Venzze, supra, as au- thority for the statement that the driver of an automobile was bound to exercise ordinary care to prevent harm to his guest. 1115 Wash. 282, 197 Pac. 49 (1921).

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