Bottoms v. Hunsaker

Utah Supreme Court

Bottoms v. Hunsaker

692 P.2d 733, 1984 Utah LEXIS 841

CourtUtah Supreme Court

DecidedMay 1, 1984

DocketNo. 17775

StatusPublished

This text of 692 P.2d 733 (Bottoms v. Hunsaker) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bottoms v. Hunsaker, 692 P.2d 733, 1984 Utah LEXIS 841 (Utah 1984).

Pincite

Opinion

HALL, Chief Justice:

Plaintiff brought this action to recover for injuries sustained while a guest passenger in a jeep operated by defendant that rolled over while attempting an off-road hill climb.

The trial court granted summary judgment in favor of defendant in reliance upon the Guest Statute, U.C.A., 1953, § 41-9-1. Plaintiff appeals, and defendant cross-appeals the court’s denial of his motion to dismiss a second cause of action based on intoxication and willful misconduct.

Malan v. Lewis, Utah, 693 P.2d 661 (1984), determines the Guest Statute to be unconstitutional. We therefore vacate the judgment of the trial court and remand this case for trial. No costs awarded.

STEWART, HOWE, OAKS and DURHAM, JJ., concur.

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