The appellant got into the car as a passenger after a short exchange in which the respondent asserted that he was capable of driving. The accident occurred shortly thereafter. The car veered as Labar turned to speak to one of the hitchhikers in the back seat. Dube attempted to grab the wheel and straighten out the car's course but his attempts eventually resulted in the car's overturning. The appellant was unsuccessful at trial as the jury found that volenti non fit injuria applied and a subsequent appeal on whether volenti applied to a negligence case on the highways was dismissed.