Carruth Ex Rel. Carruth v. Cunningham

The opinion of the court was delivered by

Fromme, J.:

Plaintiff appeals in an action for personal injuries received as a passenger in a one car automobile accident. The appeal is from a summary judgment entered in favor of the defendant driver. The trial court considered the contents of the court file, the depositions of the parties, the arguments of counsel and the briefs filed. It concluded as a matter of law that the plaintiff was a guest of the defendant within the meaning of K. S. A. 8-122b, that there was no evidence to support a claim of gross and wanton negligence against the defendant…