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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