Jackson v. Brown

164 N.W.2d 824, 39 A.L.R. 3d 1075, 1969 Iowa Sup. LEXIS 758
CourtSupreme Court of Iowa
DecidedFebruary 11, 1969
Docket53263
StatusPublished
Cited by17 cases

This text of 164 N.W.2d 824 (Jackson v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Brown, 164 N.W.2d 824, 39 A.L.R. 3d 1075, 1969 Iowa Sup. LEXIS 758 (iowa 1969).

Opinions

MASON, Justice.

The primary question for determination is plaintiff Janice Jackson’s status while riding in an automobile owned and being operated by defendant James Brown.

Plaintiff brought a law action seeking recovery for injuries sustained March 21, 1967, when Brown’s automobile overturned on a trip to Harlan. She alleged in one division of her petition that defendant’s reckless operation of his vehicle was the proximate cause of her injuries and in the other she was a passenger, not a guest, and defendant’s negligent operation had caused her damage.

[826]*826At the close of plaintiff’s evidence after dismissing the division based on recklessness the trial court overruled defendant’s motion for directed verdict in all other respects. His motion renewed at the close of all evidence was overruled and the case submitted to the jury on the necessary elements of a negligence case, instructing on the passenger or guest issue. After overruling motion for judgment notwithstanding the verdict and in the alternative for new trial, judgment was entered against defendant on the verdict. He appeals.

The issues on appeal relate to plaintiff’s status as an occupant in the automobile when the accident occurred and the court’s instructions on that issue.

“In considering the sufficiency of the evidence of defendant’s negligence as against * * * [his] motions for directed verdict and judgment notwithstanding the verdict, we view the evidence in the light most favorable to plaintiff. This is the effect of Rule 344(f) par. 2, Rules of Civil Procedure.” Ling v. Hosts, Inc., Iowa, 164 N.W.2d 123 filed January 14, 1969.

The afternoon of the accident Sandra Barnett, George Weston, plaintiff and defendant met by chance at the Oasis tavern in Glenwood. All had been previously acquainted and fell into conversation concerning some chain saws owned by plaintiff’s former husband which Weston understood were being offered for sale. Plaintiff told Weston and defendant she thought the saws might be stored in Glen-wood although Mr. Jackson was then living in Harlan. Weston persuaded defendant to take him to Harlan so he could inquire about the tools. Defendant reluctantly agreed. Plaintiff did not know Jackson’s Harlan address but could locate the house. Both Weston and defendant asked plaintiff to go along and give directions. Plaintiff said she would but preferred not to go alone and asked Sandra Barnett to go along.

Mrs. Barnett and plaintiff were in the back seat as defendant drove with Weston in the front seat with him. As the parties approached an S-curve south of Harlan, defendant lost control of his vehicle which slid into the guard posts, jumped the ditch and rolled over, resulting in plaintiff’s injuries.

Defendant asserts the trial court erred in (1) overruling his motion for directed verdict and for judgment notwithstanding the verdict and (2) refusing to give his requested instructions 1 and 2 and overruling objections to court’s instructions 2 and 4.

I. Under his first assigned error defendant contends plaintiff’s failure to establish she was other than a guest while riding in defendant’s automobile barred recovery for ordinary negligence under the guest statute. Section 321.494, Code, 1966, provides:

“Guest statute. The owner or operator of a motor vehicle shall not be liable for any damages to any passenger or person riding in said motor vehicle as a guest or by invitation and not for hire unless damage is caused as a result of the driver of said motor vehicle being under the influence of intoxicating liquor or because of the reckless operation by him of such motor vehicle.”

Of course, one who claims the guest statute is not applicable has the burden to prove his status was other than a guest. Livingston v. Schreckengost, 255 Iowa 1102, 1104, 125 N.W.2d 126, 127; Vipond v. Jergensen, 260 Iowa 646, 148 N.W.2d 598, 660; and Sieren v. Stoutner, Iowa, 162 N.W.2d 396, 401. Not only does plaintiff have the burden to establish her status, the action being predicated upon negligence of the operator or owner, but there is a presumption, rebuttable, that she was a guest within the meaning of section 321.494. Murray v. Lang, 252 Iowa 260, 266-267, 106 N.W.2d 643, 647; Delay v. Kudart, 256 Iowa 523, 525, 128 N.W.2d 201, 202-203. In re Estate of Ronfeldt, 261 Iowa 12, 152 N.W.2d 837, 841-842.

[827]*827We quote from Ronfeldt:

“In Knutson v. Lurie, 217 Iowa 192, 195—197, 251 N.W. 147, 149, we held the occupant of an automobile driven by another is neither a guest nor mere invitee when he is riding therein (1) when performing his duties as a servant of the owner or operator of the car; or (2) ,for the definite and tangible benefit of the owner or operator; or (3) for the mutual, definite and tangible benefit of the owner or operator on the one hand, and of the occupant on the other. It has been cited many times upon this proposition. Thuente v. Hart Motors, 234 Iowa 1294, 1302, 15 N.W.2d 622, 627; Stenberg v. Buckley, 245 Iowa 622, 630-631, 61 N.W.2d 452, 456-457 and citations; McBride v. Dexter, 250 Iowa 7, 9, 92 N.W.2d 443, 444; Murray v. Lang, 252 Iowa 260, 267, 106 N.W.2d 643, 647; Nielsen v. Kohlstedt, 254 Iowa 470, 474, 117 N.W.2d 900, 903. This enumeration is not exclusive, and setting it out is not meant to so indicate. Powers v. Hatcher, 257 Iowa 833, 836, 135 N.W.2d 114, 116.

“That case recognizes a fourth category, i. e., where the relationship between operator and passenger is that of co-employees in furtherance of their employment in transportation as directed by their employer, they are not guest and host.

“One who rides in a motor vehicle for the definite and tangible benefit of the owner or operator is not a guest within the meaning of the guest statute and recovery for injuries suffered by such rider may be based on the negligence of the operator. Morrow v. Redd, 257 Iowa 151, 131 N.W.2d 761, 763, and citations.”

For plaintiff to recover under the circumstances here there must be substantive evidence that at the time of the accident she was riding in the vehicle “for the definite and tangible benefit of the owner or operator” — the second category announced in Knutson v. Lurie, supra.

It is true the benefit to be received by the owner or operator need not be the only purpose or sole motivating factor in furnishing transportation, it need only be a substantial factor. Delay v. Kudart, supra, 256 Iowa at 528, 128 N.W.2d at 204. In re Estate of Ronfeldt, supra, 261 Iowa at 19, 152 N.W.2d at 842.

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Jackson v. Brown
164 N.W.2d 824 (Supreme Court of Iowa, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
164 N.W.2d 824, 39 A.L.R. 3d 1075, 1969 Iowa Sup. LEXIS 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-brown-iowa-1969.