Docket No. 32327  Facts: Petitioner Merle McUne filed suit against respondent Al Fuqua in the Superior Court for Yakima County after sustaining injuries in an automobile accident while riding as a passenger in Fuqua’s car. Although the jury returned a verdict for McUne, the trial court granted Fuqua’s motion for judgment notwithstanding the verdict as it ruled that Washington Revised Code §46.08.080, which prohibits non-paying guests riding as passengers from recovering damages from the owners and operators of motor vehicles as a result of automobile accidents, barred McUne’s action and that newly discovered evidence suggested that McUne’s injuries were attributable to a preexisting condition. Continue reading →