Roberts v. Chaney

465 N.E.2d 1154, 1984 Ind. App. LEXIS 2789
CourtIndiana Court of Appeals
DecidedJuly 17, 1984
Docket1-1083A330
StatusPublished
Cited by15 cases

This text of 465 N.E.2d 1154 (Roberts v. Chaney) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Chaney, 465 N.E.2d 1154, 1984 Ind. App. LEXIS 2789 (Ind. Ct. App. 1984).

Opinions

ROBERTSON, Judge.

Appellants, Lexie and Georgia Roberts appeal a decision rendered against them on a motion for summary judgment in a personal injury action against Jackie Chaney, individually, and Lowell Helton and James Kirkman, a general partnership doing business as C and H Stone Company.

We affirm.

Lexie and Georgia Roberts are husband and wife residing in Springville, Indiana. In September, 1981, Lexie was a full time employee of C and H, located in Blooming-ton, Indiana. In the course of his duties, Lexie often used his own truck and C and H would provide gas and oil.

On the morning of September 3, 1981, Lexie drove his truck to work giving a ride to two other C and H employees. At the end of the work day, as had happened in the past, several employees gathered in the office to play a game of poker. The two employees who had ridden to work with Lexie did not want to participate, so Lexie gave them permission to drive home in his truck. Lexie understood that he could get a ride with Chaney.

From approximately 3:30 p.m. to 5:15 p.m., Chaney and Lexie played poker and had one or two beers and some whiskey. After the game ended, Chaney and Lexie left the office to investigate a complaint registered by a tenant living in a nearby house owned by C and H. After that, the two men proceeded back to C and H, where they locked the front gate and then proceeded to Lexie’s daughter’s house to see whether Lexie’s wife was there. Lexie’s wife was not there, so the men agreed to drive to the Oolitic 66 Tavern. Upon their arrival at the tavern, it was approximately 7:30 p.m. and both men began drinking and conversing with others. Sometime between 9:00 and 12:30 a.m., Lexie left the tavern, went out to the truck and fell asleep. Chaney left the tavern at approximately 12:30 a.m. and began driving the truck toward Springville on State Road 58. While driving the truck, Chaney fell asleep at the wheel. The right front wheel of the truck left the pavement and Chaney awoke, but could not maneuver the truck back onto the pavement before the right side of the truck struck a utility pole. The pole caught the rear bumper of the truck, severely jerking the truck and throwing Lex-ie to the floorboard. As a result of the accident, Lexie was permanently rendered a quadriplegic.

On November 30, 1982, the Roberts filed a complaint against Chaney alleging he wantonly and willfully caused the accident resulting in his injuries. The complaint also alleged that C and H Stone Company was liable for the actions of Chaney under a theory of respondeat superior. They claim C and H was responsible through their sponsorship of the after-work social hour and in Chaney taking an employee home from an employment related event in a company owned vehicle.

Chaney filed a motion for summary judgment arguing that there were no issues of material fact with respect to the issue of his behavior being willful and wanton. He also alleged that the Roberts had not met the requirements of establishing liability under the Indiana Guest Statute. The Roberts argued that there is a factual dispute as to Chaney’s intoxication and that the existence of a guest relationship is a question for the jury. On July 13, 1983, the [1157]*1157Superior Court of Monroe County granted Chaney’s motion for summary judgment as to the application of the guest statute and the absence of wanton or willful misconduct.

The issues presented for review are as follows:

1.Whether Lexie Roberts was a guest within the meaning of IND.CODE 9-3-3-1. so as to preclude recovery for ordinary negligence.
2. Whether there exists sufficient evidence to support recovery based on a theory of wanton or willful misconduct.
3. Whether Chaney was acting within the scope of his employment so as to render C and H liable under a theory of respondeat superior.

On review of a grant of summary judgment, we must determine if there exists any genuine issue of material fact and whether the law was correctly applied: Hale v. Peabody Coal Co., (1976) 168 Ind.App. 336, 343 N.E.2d 316. Any doubt about the existence of a genuine issue of material fact must be resolved against the moving party. Moreover, even if the facts are undisputed, summary judgment is inappropriate when the evidence before the court reveals a good faith dispute as to the inferences to be drawn from those facts. Id. In making its decision, the court may consider affidavits, depositions, admissions, interrogatories, and testimony. Bassett v. Glock, (1977) 174 Ind.App. 439, 368 N.E.2d 18.

The first issue concerns the trial court’s determination that Lexie was a guest in the vehicle driven by Chaney and, as such, the Indiana Guest Statute applies to protect Chaney from any liability for negligence. The Roberts argue that the facts leading to the inference that Lexie was a guest are in dispute and consequently, summary judgment should not have been granted. The Indiana Guest Statute provides as follows:

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 such motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the wanton or willful misconduct of such operator, owner, or person responsible for the operation of such motor vehicle.

IND.CODE 9-3-3-1.1

The key to determining whether or not a passenger is a guest turns on the words “without payment therefor”. In other words, was consideration given for the ride, or was the driver compensated in a substantial and material way. Hainey v. Zink, (1979) Ind.App., 394 N.E.2d 238. The mere possibility of a benefit is not enough, a benefit must be tangible and direct. Liberty Mut. Ins. Co. v. Stitzle, (1942) 270 Ind. 180, 41 N.E.2d 133. The courts are not required to search for the benefits, since if it is not apparent it cannot be said to be substantial or material. Id.

This flow of consideration or payment involves not simply a weighing of benefits given and received, but also con[1158]*1158templation of the factors surrounding the transportation which are indicative of the status of the passenger. Furniss et ux. v. Waters, (1971) 150 Ind.App. 566, 277 N.E.2d 48. Our supreme court in Allison v. Ely, (1960) 241 Ind. 248, 170 N.E.2d 371, 378, 379, clearly stated that there are many factors to be used in distinguishing a guest from a passenger for hire:

1. The motives and purposes which actuate the transaction are of prime importance.
2. The motivating reasons for the invitation to ride determine the character of the passenger, and the purpose of the trip.
3.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wohlwend v. Edwards
796 N.E.2d 781 (Indiana Court of Appeals, 2003)
Albaugh v. State
721 N.E.2d 1233 (Indiana Supreme Court, 1999)
Sharp v. Bailey
521 N.E.2d 368 (Indiana Court of Appeals, 1988)
State v. Garcia
489 N.E.2d 168 (Indiana Court of Appeals, 1986)
Obremski v. Henderson
487 N.E.2d 827 (Indiana Court of Appeals, 1986)
Johnson v. Lee
485 N.E.2d 642 (Indiana Court of Appeals, 1985)
Mitchell ex rel. Mitchell v. Turner
484 N.E.2d 967 (Indiana Court of Appeals, 1985)
Williams v. Crist
484 N.E.2d 576 (Indiana Supreme Court, 1985)
Liebner v. Dobson
474 N.E.2d 1039 (Indiana Court of Appeals, 1985)
Roberts v. Chaney
465 N.E.2d 1154 (Indiana Court of Appeals, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
465 N.E.2d 1154, 1984 Ind. App. LEXIS 2789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-chaney-indctapp-1984.