Akins Ex Rel. Akins v. Hamblin

The opinion of the court was delivered by

Lockett, J.:

This is an appeal from a decision of the district court of Seward County in which the court granted summary judgment to the defendant. The sole issue raised is whether a passenger in an automobile being driven in a reckless manner has a duty to speak or take positive action to avoid injury to other passengers in the same automobile.

On February 20, 1982, 20-year-old Butch Hamblin was a passenger riding in an automobile driven by his friend, 22-year-old Gary Knoll. Prior to picking up 15-year-old Toni Akins, who was dating Hamblin, Knoll and…