Robert L. Clark, Jr. and Debra Clark v. Robert L. Clark, Sr.

DICKSON, Chief Justice.

The Indiana Guest Statute prevents certain designated passengers from recovering damages for injuries resulting from the ordinary negligence of the motor vehicle operator, where such passenger was “being transported without payment in or upon the motor vehicle.” Ind.Code § 34-30-11-1 (emphasis added). We hold that, as to injuries inflicted when such a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park, the passenger is not “in or upon” the vehicle and thus is not precluded from bringing a negligence action against…