Rainsbarger v. Shepherd

118 N.W.2d 41, 254 Iowa 486, 1 A.L.R. 3d 1074, 1962 Iowa Sup. LEXIS 717
CourtSupreme Court of Iowa
DecidedNovember 13, 1962
Docket50740
StatusPublished
Cited by18 cases

This text of 118 N.W.2d 41 (Rainsbarger v. Shepherd) 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
Rainsbarger v. Shepherd, 118 N.W.2d 41, 254 Iowa 486, 1 A.L.R. 3d 1074, 1962 Iowa Sup. LEXIS 717 (iowa 1962).

Opinions

Moore, J.

— Only plaintiff testified as to events of the acci[487]*487dent on March 11, 1961, when she received serious injuries. Plaintiff was born and always lived on a farm in Mahaska County where the accident happened. From 1930 defendant had lived at plaintiff’s home. She took him in at age 14 and testified, “I was just like a mother to him”. On many prior occasions they went in defendant’s car to visit plaintiff’s nephew. They planned such a trip on March 11. Defendant went to the garage and drove his car near the yard gate where he generally picked up the plaintiff. The car was stopped with the right seat near the gate. Plaintiff walked from the house through the gate, opened the right car door, pushed it back until it caught so as to enter the automobile, and had her hand on the car door when the car started in reverse. She was knocked down and crushed between the lower edge of the door and the ground. As plaintiff opened the door defendant was checking the outside lights of his car which was “tolerably new to him”. He was not looking at her when she attempted to enter the car. Defendant’s answer admits he was operating his car at the time of the accident.

After overruling defendant’s motion for a directed verdict, the trial court submitted the case on the elements of an ordinary negligence case as alleged in plaintiff’s petition. The jury returned a verdict for plaintiff. From a judgment thereon defendant has appealed.

Defendant assigns but one error. He contends he was entitled to a directed verdict as plaintiff was a guest when she attempted to enter his automobile and that recovery is barred for ordinary negligence under the provisions of section 321.494, Iowa Code. It 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.”

Innumerable opinions have been written by this court and those of other jurisdictions construing and interpreting the meaning of guest statutes. The holdings of the courts are not in agreement as to when the status of host and guest is established or [488]*488ceases. Many of the cases on the subject are collected in the annotation in 50 A. L. R.2d 974, where a variety of holdings will be found.

The trial court’s ruling referred to Smith v. Pope, 53 Cal. App.2d 43, 127 P.2d 292; Boyd v. Cress, 46 Cal.2d 164, 167, 293 P.2d 37, 39, and three Iowa cases.

In Smith v. Pope, supra, plaintiff had hold of the car door in process of entering defendant’s car to go to a social event and was injured when defendant’s foot slipped off brake pedal resulting in a movement of the car. and plaintiff being thrown to the ground. The court held plaintiff was not then a guest as the California statute contained the phrase “during such ride”. In Boyd v. Cress, supra, plaintiff was injured when defendant’s car rolled back and he was struck by the car door while attempting to re-enter defendant’s car. After citing other California cases the court said:

“This consistent line of authority establishes the rule that the protection of the guest statute extends only to injuries suffered ‘during such ride’ in the sense that the plaintiff remained in or upon the vehicle at the time of the accident.”

The California cases state a strict rule of construction is followed in construing their guest statute. These cases are of little value as we apply a rule of liberal construction.

In Clinger v. Duncan, 166 Ohio St. 216, 141 N.E.2d 156, a divided court of four to three held plaintiff was not a guest when injured when she attempted to re-enter defendant’s automobile to resume their trip to a social event. The Ohio guest statute included “while being transported”. That court follows a rule of strict construction of the guest statute.

In Nemoitin v. Berger, 111 Conn. 88, 89, 149 A. 233, 234, defendant invited plaintiff to ride home from the beach in defendant’s automobile. Plaintiff took his seat beside the defendant. Defendant reached over and closed the car door. Two fingers of the plaintiff were caught between the rear part of the door and the jamb and severely injured. The court held plaintiff was a guest and said:

“The statute provides that no person ‘transported by the owner or operator of a motor vehicle as a guest’ without payment [489]*489shall be entitled to recover for an injury except in accordance with its terms. When the plaintiff entered the car to take his place for the purpose of immediate transportation he came within the purview of the statute; he had then put himself under the care of the defendant and his actual relationship as guest toward the defendant had begun; and that the automobile had not started to move is not a controlling circumstance.”

The facts in Kaplan v. Taub, Fla. App., 104 So.2d 882, are much like the case at bar. Plaintiff in that case had accepted defendant’s invitation to ride in defendant’s car. Plaintiff had her hand on the handle of an open front door and was about to enter the front seat when defendant released the brake causing the car to be propelled backward knocking plaintiff to the sidewalk. The Florida guest statute says “being transported”. The court held plaintiff was a guest when injured. At page 884 of 104 So.2d, the court said:

“The real test of which is to determine whether a gratuitous undertaking of the automobile operator had begun when the injury occurred. Illustrative of the application of the test and factually in point is the case of Head v. Morton, 1939, 302 Mass. 273, 19 N.E.2d 22, 25. * # * The appellant had her hand on the door of appellee’s automobile as an act preparatory to entering the vehicle. The appellee was at the steering wheel of his vehicle awaiting the appellant’s entry therein and that his act of releasing the brake and starting the automobile was in furtherance of his prior gratuitous undertaking.”

In Castle v. McKeown, 327 Mich. 518, 42 N.W.2d 733, plaintiff had opened the car door to re-enter the vehicle. Plaintiff had one foot on running board and the other on the ground when the car suddenly moved. After observing the purpose of the guest statute the court held she was a guest when injured. In Marsh v. Hogeboom, 167 Kan. 349, 352, 353, 205 P.2d 1190, 1192, 1193, the guest alighted from the car and took hold of the door handle to close it when the car started up causing plaintiff’s injuries. The court held she was still a guest. The Kansas court said:

“We think every case of this character must of necessity be decided upon its own peculiar facts. * * * It seems to us it would be drawing too fine a distinction to say if the negligent, act of [490]

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Rainsbarger v. Shepherd
118 N.W.2d 41 (Supreme Court of Iowa, 1962)

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Bluebook (online)
118 N.W.2d 41, 254 Iowa 486, 1 A.L.R. 3d 1074, 1962 Iowa Sup. LEXIS 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainsbarger-v-shepherd-iowa-1962.