Strauser v. Bryant

217 N.W.2d 706, 1974 Iowa Sup. LEXIS 1326

Opinions

MOORE, Chief Justice.

Plaintiff Larry Strauser filed a petition against defendant Johnny Virgil Bryant alleging he sustained damages from injuries received as a passenger in a motor vehicle owned and operated by defendant when it overturned due to defendant’s negligent driving. Defendant moved to dismiss the petition on the basis of its failure to state a cause of action under the Iowa guest statute, Code § 321.494. Plaintiff resisted, alleging the guest statute is unconstitutional because it denies equal protection of the laws under Article I, § 6, Iowa Constitution, and Amendment 14, United States Constitution. Trial court sustained the motion to dismiss.

In Keasling v. Thompson, filed separately this date, we held the guest statute constitutional on the same issues involved here.

Trial court did not err in sustaining the motion to dismiss.

Affirmed.

LeGRAND, REES and UHLENHOPP, JJ., concur. HARRIS, J., concurs in the result.

Special concurrence by LeGRAND, J., joined in by UHLENHOPP and HARRIS, JJ-

Dissent by McCORMICK, J., joined ill by MASON, RAWLINGS and REY-NOLDSON, JJ.