Archie v. Smith

OPINION

SPIESS, Judge.

The question for decision is whether the trial court properly rendered summary judgment for the defendant (appellee), Myrtle Lee Smith. The claim involved is for damages resulting from an accident wherein plaintiff (appellant), Lorene Archie was riding in an automobile owned and driven by defendant, Smith.

The trial court decided that the plaintiff Archie was a guest rider within the meaning of the so-called automobile guest law and since only simple negligence was pleaded or otherwise asserted as the proximate cause of injury summary judgment was granted.

It is contended…