NEU V. GRANT 548 F.2d 281 (1977) CASE BRIEF

NEU V. GRANT
548 F.2d 281 (1977)
NATURE OF THE CASE: Neu (P) appealed a jury verdict which refused her monetary recovery for injuries sustained in a motor vehicle crash.
FACTS: P was a guest passenger in a 1967 Plymouth Fury owned by Grants (D) and operated by Lorna Grant and a pickup truck owned and operated by Frank Grant was traveling in the same direction. Ds engaged in a speed contest between the two vehicles. Lorna lost control of the Plymouth. It skidded sideways for a long distance, rolled over at least one complete revolution and came to rest on its wheels off of the roadway. P alleged that the accident was caused by the negligence of Frank and the gross negligence of Lorna. The jury was instructed that P was a guest in the Plymouth Fury and that, pursuant to the guest statute, P had the burden to prove that Lorna was grossly negligent. Following a pre-trial conference, P filed a Motion to Strike D's Answer, which alleged that the Wyoming Guest Statute barred recovery, in that the statute was unconstitutional. The motion was denied but P did not object. Nor did P object to the instruction given to the jury. After the verdict P did not respond with any motions. P then appealed on the grounds that the statute was unconstitutional under state and federal law.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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