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Topic: Guest statute

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	[No title] (Site not responding. Last check: 2007-10-29)
		3) an "automobile" guest is one who is a passenger without paying, as distinguished from a taxi fare, bus rider or one who has paid a friend to drive.
		However, the so-called "guest statute" may give a non-paying passenger the right to sue.
		An automobile guest is somewhat (but not entirely) analogous to the "social guest" in a residence.
	dictionary.law.com /definition2.asp?selected=845&bold=\|\|\|\| (138 words)

	James H. Guest: Colorado Lawyer: Medical Malpractice, Car/Truck Accident, Insurance Bad Faith
		There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries.
		Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved.
		In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident.
	www.denverautoaccidentlawyer.com /personal_injury_faqs.html (875 words)

	OSCN Found Document:DISNEY v. COOK
		To remove a case from the provisions of the Texas Guest Statute, a definite relationship must be established between the automobile operator and passenger, and a definite tangible benefit must be shown to have been the motivating influence for furnishing the transportation.
		Ordinarily the question of whether a rider is a guest or a passenger within the meaning of the "Guest Statute" is a question of fact, because there is usually a dispute, to what the relationship is and the benefits conferred, and the motivating influence for furnishing the transportation.
		The pleadings raised the issue of negligence on the part of the defendant and the issues of contributory negligence on the part of plaintiff and whether plaintiff occupied the car as a guest without payment for her transportation and was thereby barred from recovering for her injuries by reason of the Texas Guest Statute.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=41761 (2155 words)

	NationMaster - Encyclopedia: Passenger (Site not responding. Last check: 2007-10-29)
		With respect to passengers riding in cars and vans, guest statutes may limit their ability to sue the driver of the vehicle over an accident.
		The number of passengers that a vehicle or vessel may legally carry is defined as its seating capacity (although that term also describes the physical capacity of a space to seat people).
		A guest statute is a term used in the law of torts to describe a statute that makes it more difficult for a passenger in an automobile to recover damages from the driver for injuries received in an accident resulting from ordinary negligence on the part of the driver.
	www.nationmaster.com /encyclopedia/Passenger (871 words)

	Shelter Mutual Insurance Company v. Barton - Alabama Personal Injury Lawyers
		Although Missouri has no guest statute, its courts have applied the guest statute of another state in an uninsured- motorist case that was factually similar to the case before us.
		Iowa's guest statute provided that "an owner or operator of a car [would] not be liable for damage to a guest unless...
		Although Byrn was a resident of Missouri, the Missouri court held that the Iowa guest statute should apply because the driver resided in Iowa, the uninsured vehicle was registered in Iowa, the guest-host relationship was created in Iowa, and the accident occurred in Iowa.
	www.napil.com /PersonalInjuryCaseLawDetail33746/Page5.htm (573 words)

	GRIMES LAW OFFICES (Site not responding. Last check: 2007-10-29)
		The law informs guests that there is a safe available to them -- usually at the front desk -- and that the establishment is not liable to guests for any property that is lost or stolen during their stay if they choose not to use the safe.
		If a guest is a minor (under 18) unaccompanied by a parent or guardian, the innkeeper may require the minor's parent or guardian to accept in writing liability for the room cost, taxes and all charges and damages to the room and furnishings.
		If a guest has accumulated a large outstanding account, the innkeeper may lock the guest out of her room, requiring the guest to confront the operator and arrange for payment of the account.
	www.grimeslaw.org /_wsn/page7.html (1180 words)

	Converted file mgr
		Thus, under the Guest Statute, KLLM would not be liable for any loss or damage arising from the death of Hanna if Hanna was a hitchhiker who was being transported without payment in or upon the motor vehicle at the time of his death.
		On appeal, the child argued that the Guest Statute did not apply because he was not “in or upon” the garbage truck at the time when he was injured.
		The phrase “in or upon” contained in the Guest Statute is written in the disjunctive; therefore, the General Assembly intended that the term “in” and the term “upon” be given different meanings.
	www.state.in.us /judiciary/opinions/archive/04270501.mgr.html (3277 words)

	Johnson v. Hassett, 217 N.W.2d 771 (N.D. 1974)
		The prevalence of automobile insurance, the adoption of a comparative-negligence statute, the trend away from immunity from suit, the lessened likelihood and lessened fear of collusion, and the experience of 43 years of litigation under the guest Law are all factors to be considered in deciding the present-day constitutionality of the law.
		The majority held that the statute was a matter of legislative discretion, and the minority argued that the classification specified in the statute was unreasonable and unconstitutional, since it separated gratuitous guests in automobiles from other gratuitous guests in every other type of vehicle.
		The second justification for the statute, that it is somehow ungrateful for the guest to sue his benefactor, as if he were a dog biting the hand that fed it, is an oddity in the law.
	www.court.state.nd.us /court/opinions/8968.htm (4534 words)

	February 1996 NY Bar Exam Questions & Sample Answers
		The policies behind State X's guest statute is tt prevent ungrateful passengers from recovering against its drivers and to protect its insurance companies from collusionute because it wants its citizens to be able to recover for their injuries, regardless of their status.
		In this instance, the guest statute of State X is actually harmful to the plaintiff, Amy, as it will make it more difficult for her to recover in her tort claim.
		That statute provides for jurisdiction if a tort was the consequence of (1) transaction of business in New York, (2) a contract for the sale of goods or services in New York, (3) a tort committed in New York, or (4) a tort committed elsewhere with harm arising in New York.
	www.nylawyer.com /exam/qa/296barqa4.html (1886 words)

	Babcock v Jackson
		The action involves injuries sustained by a New York guest as the result of the negligence of a New York host in the operation of an automobile, garaged, licensed and insured in New York, in the course of a journey which began and was to end in New York.
		Under the pertinent decisions of the courts of Ontario and the Supreme Court of Canada, the Ontario guest statute is a remedial law, the operation and force of which is limited to the courts of Ontario only; it is a guest statute which does not purport to excuse or to exonerate negligent conduct.
		The present action involves injuries sustained by a New York guest as the result of the negligence of a New York host in the operation of an automobile, garaged, licensed and undoubtedly insured in New York, in the course of a week-end journey which began and was to end there.
	www.courts.state.ny.us /history/cases/babcock_jackson.htm (4192 words)

	Guest statute
		Guardians are divided into, guardians of the person, in the civil law called tutors; and guardians of the estate, in the sam law are known by the name of curators.A guardian of the person is one who has been lawfully invested with the care of the person of an infant, whose father is dead.
		The power or protective authority given by law, and imposed on an individual who is free and in the enjoyment of his rights, over one whose weakness on account of his age, renders him unable to protect himself.
		If you have a better definition for Guest statute than the one presented here, please let us know by making use of the suggest a term option.
	www.juridicaldictionary.com /Guest_statute.htm (783 words)

	OSCN Found Document:BAKER v. KNOTT
		The New Mexico statute is identical with the original "guest passenger" statute adopted in Connecticut in 1927, and since repealed.
		In so doing, this court followed constructions of the identical statute of Connecticut, under the general rule that when one state adopts a statute from another, it is presumed to have adopted the construction placed upon that statute by the highest court of the other state.
		In that case, a judgment for defendant in an action arising under the guest statute was affirmed.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=42271 (1993 words)

	Lawyers USA: Lawyers Weekly FullText Opinion Archives
		Where the legislature adopts a statute in derogation of the common law, we will presume that it is aware of the common law and does not intend to make any change therein beyond what it declares, either in express terms or by unmistakable implication.
		In construing the Guest Statute, we are cognizant of the cardinal rule of statutory construction that a statute clear and unambiguous on its face need not and cannot be interpreted by a court, which must hold it to its plain meaning.
		The words of the Guest Statute must be accorded their common meaning unless a different purpose is clearly manifest from the statute itself.
	www.lawyersweeklyusa.com /opinions/CML9927307.htm (3985 words)

	Guest Statute Law and Legal Definition - USlegalforms.com
		A guest statute provides that an automobile owner or driver has a special duty of care to a non-paying passenger in his or her auto.
		Guest statutes are enacted by state legislatures and vary by state, but all require more than ordinary negligence of the owner or driver in order for the gratuitous passenger to recover damages.
		This chapter may not be construed to relieve a common carrier or an owner or operator of a motor vehicle while the motor vehicle is being demonstrated to a prospective purchaser of responsibility for injuries sustained by a passenger who is being transported by the common carrier or by the owner or operator.
	www.uslegalforms.com /legaldefinitions/g/guest-statute.php (316 words)

	Guest statute
		The statute may also place a cap on the damages to be awarded, or limit damages to compensation for actual physical injuries.
		The purpose of the guest statute is to both protect drivers from frivolous litigation, and to protect insurance companies from collusive and fraudulent suits (wherein the passenger sues the driver in order to collect from the driver's insurer).
		However guest statutes of all types have now been abolished in most states, either legislatively or by the courts.
	www.measuroo.com /Leg-G/Guest_statute.php (170 words)

	35 / 03-0554
		The statute does not differentiate between “innocent victims” who had physical contact with an unknown vehicle and “innocent victims” who did not have physical contact with an unknown vehicle, as asserted by the plaintiff.
		We held the guest statute was so overinclusive and underinclusive that it did not reasonably further the legislative goal of avoiding collusive lawsuits.
		We recognize the apparent unfairness of the physical-contact requirement as applied to the plaintiff’s claim, which is not viable under the statute notwithstanding the fact five eyewitnesses can verify that an unknown vehicle caused the accident resulting in her parents’ death.
	www.iowabar.org /IowaSupremeCourt.nsf/9a275c73f72409f4862564bb00563305/49dea86d9333823686256e92004ab362!OpenDocument (2527 words)

	89 Wn.2d 772, LAU v. NELSON
		A statute which repeals an earlier enactment is to be given retrospective application unless such application would destroy vested rights accrued prior to its enactment or impose a liability which did not exist when a transaction occurred.
		On the day scheduled for trial, the Superior Court heard a motion by the petitioner seeking a declaration and order that the former statute, RCW 46.08.080, «1» known as the host-guest statute, did not apply to his claim against the operator of the vehicle and could not be asserted by this respondent.
		The respondents argue that a repealing statute may not be applied to pending proceedings if the effect is to divest a party of a right which accrued prior to its enactment or to impose a liability which did not exist when the transaction occurred.
	www.mrsc.org /mc/courts/supreme/089wn2d/089wn2d0772.htm (1595 words)

	DENNIS J. COONEY, PLAINTIFF, v. OSGOOD MACHINERY, INC., APPELLANT, v. PAUL MUELLER COMPANY, THIRD-PARTY RESPONDENT, ...
		The issue on this appeal is whether a Missouri statute barring contribution claims against an employer--which conflicts with New York law permitting such claims-- should be given effect in a third-party action pending here.
		Applying relevant choice of law principles, we conclude that the Missouri workers' compensation statute should be given effect, and therefore affirm the dismissal of the third-party complaint seeking contribution against a Missouri employer.
		Conversely, when the plaintiff-passenger is injured in the place of domicile and would be entitled to recover, the out-of-State driver should generally be unable to interpose the law of his or her domicile to defeat recovery (31 NY2d at 128).
	www.law.cornell.edu /nyctap/I93_0047.htm (3762 words)

	[No title]
		Under the statute, a hotel limits its liability to its guests if it provides, and properly notifies its guests of, a suitable depository for the safekeeping of their valuable items and of the statutory limitations on its liability.
		If a guest nonetheless chooses to place $1.2 million worth of jewelry in her in-room safe, and if that jewelry is subsequently stolen, then the statute applies.
		Because the statute is not applicable to this case, we remand to the district court for further proceedings to determine the issue of the Four Seasons' liability.
	pacer.cadc.uscourts.gov /common/opinions/200206/01-7121a.txt (3887 words)

	Mattox Opinion No. JM-510
		The statute authorizes proprietors to exercise self-help to seize and retain the guest's property.
		The Fifth Circuit held a similar statute unconstitutional on its face because it worked a deprivation of property without due process of law insofar as it failed to provide notice and a hearing before property was taken from its possessor.
		Additionally, the statute authorized the debtor to seek immediate dissolution of the writ and to regain possession of the property by filing a bond.
	www.oag.state.tx.us /opinions/op47mattox/jm-0510.htm (1224 words)

	88409 -- Raskin v. Allison -- Paddock -- Kansas Court of Appeals
		The Supreme Court held that because the accident happened in Iowa and the injuries were sustained there, the Iowa guest statute applied.
		Under that Iowa statute, the passenger was required to show reckless operation of the vehicle by the driver in order to recover.
		Holthaus, 165 Kan. at 307 (applying Iowa guest statute which required a showing of reckless operation of the vehicle by the driver in order to recover); Koster v.
	www.kscourts.org /kscases/ctapp/2002/20021108/88409.htm (2147 words)

	LUBA Headnotes Section 3.3.9 (Site not responding. Last check: 2007-10-29)
		The guest ranch statute requires that the subject parcel contain the dwelling of the livestock operator, but does not require that the dwelling exist on the date of application for approval of a guest ranch.
		A condition of approval requiring that the dwelling be completed prior to construction of the guest ranch is sufficient to satisfy the statute.
		Absent text or contextual support in the statutes for a narrower interpretation of “community center,” a mixed-use building that contains a public library, community meeting space, office space for a local nonprofit community organization and public restrooms may be properly considered a “community center” as that term is used in ORS 215.283(2)(d).
	luba.state.or.us /hnall/3.3.9.htm (2807 words)

	Fall 1992 Opinion
		A 'guest' in an automobile is one who takes ride in automobile driven by another person, merely for his own pleasure or on his own business, and without making any return or conferring any benefit on automobile driver.
		Guest is used to denote one whom owner or possessor of vehicle invites or permits to ride with him as gratuity, without any financial return except such slight benefits as are customarily extended as part of ordinary courtesies of road.
		East was not a guest passenger at the time of the accident,See footnote 9 we recognize that an owner of a vehicle does not become a "guest" within the purview of West Virginia Code § 33-6-29 merely by occupying the passenger seat of a vehicle.
	www.state.wv.us /wvsca/docs/fall92/21171.htm (2950 words)

	Rosen & Henry, lawyers in Sarasota, FL, Florida (Site not responding. Last check: 2007-10-29)
		A "guest" in an automobile is a person who rides in an automobile driven by another person for his own pleasure or business without paying the driver or conferring any benefit on him.
		If the guest is injured while riding in the driver's automobile, he may be permitted to recover for any injuries that he suffers.
		Survival statutes relate to the claims of the decedent rather than those of his heirs.
	www.rosenandhenrylaw.com /PersonalInjuryNewsletter.jsp (436 words)

	DENNIS J. COONEY, PLAINTIFF, v. OSGOOD MACHINERY, INC., APPELLANT, v. PAUL MUELLER COMPANY, THIRD-PARTY RESPONDENT, ...
		Applying relevant choice of law principles, we conclude that the Missouri workers' compensation statute should be given effect, and therefore affirm the dismissal of the third-party complaint seeking contribution against a Missouri employer.
		In Neumeier v Kuehner (31 NY2d 121), yet another guest statute case, the Court in seeking to return greater predictability and uniformity to the law, adopted a series of three rules that had been proposed by Chief Judge Fuld (see, Tooker v Lopez, 24 NY2d at 585 [Fuld, C.J., concurring]).
		Conversely, when the plaintiff-passenger is injured in the place of domicile and would be entitled to recover, the out-of-State driver should generally be unable to interpose the law of his or her domicile to defeat recovery (31 NY2d at 128).
	straylight.law.cornell.edu /nyctap/I93_0047.htm (3762 words)

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