Utah Supreme Court

Steven L. Malan, Plaintiff and Appellant v. James C. Lewis and Brett Lewis, Defendants and Respondents

May 1, 19841984 Utah LEXIS 844

Summary

The Utah Supreme Court held that the Utah Guest Statute violated Article I, § 24 of the Utah Constitution because its numerous statutory exceptions and related laws created irrational and nonuniform treatment among automobile guests. The court concluded that neither hospitality, prevention of collusion, nor reduced insurance rates provided a reasonable justification for denying nonpaying guests a negligence remedy. The court reversed the summary judgment for defendants and remanded for trial on the merits, applying its ruling retrospectively to the plaintiff's claim.