Mendenhall v. Rose

This is an action to recover damages for personal injuries sustained by plaintiff, Mendenhall, while riding as a passenger in an automobile driven by defendant, Rose. The trial court, after hearing arguments of counsel, considered the pleadings, the depositions, the admissions, the statements contained in the affidavits, and entered summary judgment in defendant’s favor— ruling there was no genuine issue as to any material facts on the controlling issue of the guest statute; and found as a matter of law that plaintiff was a guest within the meaning of K. S. A. 8-122b.

Plaintiff and defendant…