(Download) "Henry v. Bauder" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Henry v. Bauder
- Author : Supreme Court of Kansas
- Release Date : January 26, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The opinion of the court was delivered by This case involves the constitutionality of the Kansas guest statute, K.S.A. 8-122b. On October 16, 1971, the plaintiff-appellant, Terry A. Henry, a sixteen-year-old girl, was a guest passenger in an automobile operated by the defendant-appellee, Thomas W. Bauder. A collision occurred and plaintiff suffered severe personal injuries. The original action in district court involved an additional defendant who was the driver of the other vehicle. However, this appeal is only concerned with that portion of the petition which charged the defendant Bauder with ordinary [213 Kan. 752] negligence. The trial court dismissed that portion of the plaintiff's claim on the basis of the Kansas guest statute which reads as follows: 8-122b. Right of guest to collect damages from owner or operator. That no person who is transported by the owner or operator of a motor vehicle, as his guest, without payment for such transportation, shall have a cause of action for damages against such owner or operator for injury, death or damage, unless such injury, death or damage shall have resulted from the gross and wanton negligence of the operator of such motor vehicle.