Pettery v. Groff

SHIELDS, Judge.

Plaintiff Ruth Ann Pettery brought an action for personal injuries sustained when she fell out an automobile driven by defendant Brenda Groff. The trial court granted summary judgment for Groff on the basis the guest statute barred a negligence action against Groff. Pettery appeals, claiming she was being transported for pay and thus is outside the guest statute. 1

We reverse and remand.

Summary judgment is properly granted when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. In determining a motion for summary…