Rothwell v. Transmeier

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in an action brought by the plaintiff for damages sustained as a result of personal injuries received while riding as a passenger in an automobile driven by the defendant. Only simple negligence was alleged in the petition, and the trial court sustained the defendant’s motion for summary judgment on the ground the plaintiff was a guest and barred from recovery under K. S. A. 8-122b.

The only issue before the district court and on appeal to this court is whether the plaintiff was a guest under the above statute.

The…