225 N.E.2d 841 (1967)
The passenger filed suit against the driver for injuries sustained as a result of the driver's failure to render reasonable aid and assistance to the passenger after an automobile accident caused by the driver. The trial court sustained the driver's demurrer.
- On appeal, the court reversed and remanded.
- The court found that Ind. Stat. Ann. § 47-1021 was only applicable to injuries resulting from the operation of an automobile and did not limit the driver's liability for additional injuries to acts of wanton and wilful misconduct.
- The court found that the passenger did state a cause of action because there might have been a legal obligation to take positive or affirmative steps to effect the rescue of a person who was helpless and in a situation of peril where the injury resulted from the use of an instrumentality under the control of the driver.
The court reversed the order sustaining the driver's demurrer.
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