Loper v. Street

HERRMANN, Chief Justice:

In this appeal, the question is whether the plaintiff was a “guest”, as a matter of law, within the meaning of that term as used in the Delaware Automobile Guest Statute, 21 Del.C. § 6101(a). 1

I

The plaintiff, Donald Wayne Loper, was a passenger in an automobile which was involved in a head-on collision with another vehicle. The driver of the vehicle in which the plaintiff was riding, Carlton G. Patterson, was killed and the plaintiff and the driver of the other vehicle were injured. The plaintiff brought a negligence action in the Superior Court against Patterson’s…