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Conway v. O'Brien | 111 F.2d 611 (1940)

How does gross negligence differ from ordinary, everyday negligence? The famous judge Learned Hand carefully considered that question in Conway versus O'Brien.

George O’Brien was driving a car on a quiet Vermont country road. Another man occupied the front passenger seat. Margaret Conway was one of two women in the rear seat.

The road ran alongside the Williams River, then turned steeply towards the river and downward to approach a bridge crossing the river. O’Brien’s view to the left was somewhat obstructed, but as was common practice on this road, he moved into the left lane as part of his turn. O’Brien’s car was traveling about 15 miles an hour around the steep turn. But another car came from the opposite direction. Despite O’Brien’s attempt to move back into his lane, the two cars collided. Conway was injured in the accident.

Vermont’s Guest-Occupant Law provided that a driver wasn’t liable for a passenger’s injuries unless the driver acted with gross or willful negligence. Conway sued O’Brien in a federal court diversity action. The jury found that O’Brien was grossly negligent. O’Brien appealed to the Second Circuit.

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