Johnston v. Stoker

HOWE, Justice.

Plaintiff appeals from a summary judgment granted the defendant pursuant to U.C.A., 1953, § 2-1-33, hereinafter Utah Aircraft Guest Statute. Plaintiff is executor of the estate of Dr. Arden Kitchen and of Dottie Kitchen, his wife, and guardian ad litem of Todd Kitchen, Chris Kitchen, and Brad Kitchen, their surviving children. Dr. Kitchen was a one-fourth owner of the aircraft in which he, his wife and two minor daughters were killed. Dale Stoker was the pilot. His estate is administered by defendant Linda Stoker. Plaintiff brought this action for wrongful death, but defendant…