Mears v. Kovacic

*363In his complaint Mears alleged that while riding “as a paying passenger, and not as a guest,” in a vehicle being driven by one Kovacic he suffered personal injuries and other resultant damages in a total amount of $15,850 as the direct and proximate result of Kovacic’s driving misconduct, which was characterized as not only negligent and careless but as reckless and willful and wanton.

By answer Kovacic denied that he was in anywise negligent or reckless and affirmatively pled C.R.S. ’53, 13-9-1, commonly known as the Guest Statute, which provides in part as follows:

“GUEST HAS NO CAUSE OF…