Heim v. Werth

Ter Curiam:

This is an appeal in a damage action wherein Ambrose Heim (plaintiff-appellant) sustained injuries alleged to have been caused by the negligence of Donald Werth (defendantappellee), while Heim was a passenger in Werth’s automobile. Only simple negligence was alleged in the petition, and the trial court sustained defendant’s motion for summary judgment on the ground that the plaintiff was a “guest” — that the guest statute, K. S. A. 8-122b, applied.

The sole question is whether the record before the trial court was sufficient to declare the plaintiff a guest as a matter of law.

In…