Tank v. Peterson

I am in complete agreement with the majority in this case insofar as it concludes that the action of the trial court should be reversed and remanded. I, however, again write separately with regard to the suggestion by the majority that there are at least three members of the court who would hold the airplane guest statute, Neb. Rev. Stat. § 3-129.01 (Reissue 1983), constitutional. In 1980, writing in Kreifels v. Wurtele, 206 Neb. 491, 293 N.W.2d 407 (1980), I expressed my view with regard to the matter generally, concluding that Neb. Rev. Stat. § 39-6,191 (Reissue 1978), the automobile guest…