Andrus v. Allred

*108CROCKETT, Justice:

Plaintiff sued for injuries she suffered while attempting to get out of defendant’s car as she was returning from a ride with her. At pretrial, upon the basis of the pleadings, answers to interrogatories and plaintiff’s deposition, defendant moved for summary judgment on the ground that the plaintiff was a guest and, there being no allegation of intoxication or wilful misconduct, our Utah guest statute would bar recovery. The District Court denied the motion; ruled as a matter of law (a) that the plaintiff was not a guest; (b) that the defendant was negligent; and (c) that…