Cocoris v. Smith

WIGGINTON, Chief Judge.

Plaintiff seeks appellate review of a final judgment dismissing with prejudice her complaint for failure to state a cause of action.

By her complaint plaintiff seeks damages for personal injuries proximately caused by the alleged negligence of defendant in his operation of a motor vehicle owned by him in which plaintiff was riding as a passenger. The sole question presented for decision is whether the allegations of the complaint affirmatively establish that at the time and place alleged plaintiff occupied the status of a guest passenger requiring allegations and proof…