Irlbeck v. Pomeroy

McCORMICK, Justice.

The issue in this case is whether the guest statute is a defense to a negligence claim by the parent of a minor guest under rule 8, Rules of Civil Procedure, against the owner and operator of the motor vehicle in which the child was riding. Trial court sustained plaintiff’s motion to strike the defense from defendants’ answer. We granted interlocutory appeal. We affirm the trial court.

Plaintiff Leonette Irlbeck alleged in her petition that she is the mother of Mary Schoeppner who was fatally injured December 22, 1970, at the age of 18. The child was a passenger in an…