Beasley v. Bozeman

315 So. 2d 570, 294 Ala. 288, 1975 Ala. LEXIS 1188

• Court: Supreme Court of Alabama
• Decided: July 10, 1975
• Docket: SC 1134
• Status: Published

Opinions

MADDOX, Justice.

The sole question for decision is the constitutionality of Alabama’s “Guest Statute,” Title 36, § 95, Code of Alabama 1940 (Re-comp. 1958), which reads as follows:

“Liable only for willful or wanton misconduct. — The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle.”

Appellant argues that our guest statute violates Sections 1, 6, 13 and 22 of the State Constitution and Amendment 14 of the Federal Constitution. These identical claims were made when the constitutionality of Alabama’s guest statute was upheld in this Court’s case of Pickett v. Matthews, 238 Ala. 542, 192 So. 261 (1939).

We are aware that some courts have held their guest statutes to be unconstitutional. Cf. Brown v. Merlo, 8 Cal.3d 855, 106 Cal.Rptr. 388, 506 P.2d 212 (1973); Thompson v. Hagan, 96 Idaho 19, 523 P.2d 1365 (1974) ; Henry v. Bauder, 213 Kan. 751, 518 P.2d 362 (1974); Johnson v. Hassett, 217 N.W.2d 771 (N.D.1974). The Supreme Court of the United States has upheld the right of a state to pass a guest law. See Silver v. Silver, 280 U.S. 117, 50 S.Ct. 57, 74 L.Ed. 221 (1929).

Several other states besides Alabama have recently upheld their individual guest statutes. See Tisko v. Harrison, 500 S.W. 2d 565 (Tex.Civ.App.1973); Richardson v. Hansen, 527 P.2d 536 (Colo.1974); Justice v. Gatchell, 325 A.2d 97 (Del.Supr. 1974); Keasling v. Thompson, 217 N.W.2d 687 (Iowa 1974); Duerst v. Limbocker, 525 P.2d 99 (Or.1974); Cannon v. Oviatt, 520 P.2d 883 (Utah, 1974); Botsch v. Reisdorff, 193 Neb. 165, 226 N.W.2d 121 (1975); Behrns v. Burke, 229 N.W.2d 86 (S.D.1975).

We are of the opinion, that under the distribution of powers section of our State Constitution, it is within the province of the Legislature to ascertain and determine when the welfare of the people might require that the guest statute should be repealed. The Legislature’s power should not be interfered with unless it is exercised in a manner which plainly conflicts with some higher law. Pickett v. Matthews, supra.

The judgment of the circuit court is due to be affirmed.

Since we affirm the case, it is unnecessary for us to discuss the point raised by the appellee that the constitutional question was not adequately raised in the trial court.

Affirmed.

MERRILL, BLOODWORTH, ALMON and SHORES, JJ., concur. HEFLIN, C. J., concurs in the result. JONES, J., concurs specially, with which FAULKNER and EMBRY, JJ., concur.