Smith v. Barry

This appeal is from an order granting defendant’s motion for summary judgment.1 Plaintiff’s cause of action involves the guest passenger statute2 and she contends there was sufficient evidence of gross and reckless conduct, based upon a series of negligent acts, to create an issue of material fact as to whether the defendant was grossly negligent.

There are two prerequisites which must be met before the remedy of summary judgment is appropriate: (1) There must be no dispute as to material fact; and (2) based on the undisputed facts, the moving party must be entitled to judgment as a matter of…