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693 P.2d 677

Hanna v. Lamarr

Utah Supreme Court

Decided May 1, 1984

Utah Supreme Court · decided 1984-05-01

Relies on Malan v. Lewis

Decided 1984-05-01

OAKS, Justice.

¶1Plaintiff brought this action to recover for injuries sustained while a guest passenger in a four-wheel-drive vehicle operated by defendant that rolled over while attempting an off-road turn-around.

¶2The trial court granted summary judgment in favor of defendant in reliance upon the Guest Statute, U.C.A., 1953, § 41-9-1. Plaintiff appeals.

¶3Malan v. Lewis, Utah, 693 P.2d 661, also filed this day, determines the Guest Statute to be unconstitutional and thereby requires that we vacate a summary judgment relying on that statute.

¶4The case is remanded for trial. No costs awarded.

HALL, C.J., and STEWART, HOWE and DURHAM, JJ., concur.
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