Foster v. Shropshire

HERRMANN, Chief Justice:

In this automobile accident case, we are required to review the Superior Court’s holding that the plaintiff was not a “guest without payment” within the meaning of the Delaware Motor Vehicle Guest Statute. 21 Del.C. § 6101. 1 The Trial Judge made that finding and denied the defendant’s motion for summary judgment. The Court fo.und, as a matter of law, that the defendant was not guilty of wilful or wanton disregard of the plaintiff’s rights. 2

I

The plaintiff and defendant were girl friends who occasionally went out “on the town” together. Each owned an automobile and,…