Malan v. Lewis

STEWART, Justice:

The plaintiff, a guest passenger in an automobile owned by defendant James C. Lewis, was seriously injured when defendant Brett Lewis drove the automobile off the road and struck a guardrail. Plaintiff suffered compound fractures of his right leg, which resulted in a shortening of the leg and the necessity to wear a brace for the rest of his life.

In the trial court, the parties stipulated that Brett Lewis was negligent and that plaintiff was not. The case was submitted for decision on the issue of the constitutionality of the Utah Guest Statute by a motion for summary…