Hodges v. Ladd

I dissent. Everyone must concede that the sketchy *156case attempted to be made by plaintiffs, presents an extremely weak set of facts upon which to predicate liability under our consistent holdings in guest cases.

This court has, on numerous occasions, construed the term “willful and wanton disregard” as used in our guest statute, C.R.S. ’53 13-9-1. The leading case is Pettingell v. Moede, 129 Colo. 484, 271 P. (2d) 1038, where the court, speaking through the late lamented Justice John R. Clark, stated:

“* * * One may be said to be guilty of ‘willful and wanton disregard’ when he is conscious of…