Clark v. Clark
Annotate this CaseAt issue in this case was the Indiana Guest Statute (Statute), which prevents certain designated passengers from recovering damages for injuries resulting in ordinary negligence of the motor vehicle operator, where such passenger was "being transported without payment in or upon the motor vehicle." Son was traveling as a passenger in a motor vehicle operated by Father. When they arrived at their destination, Son exited the vehicle and began motioning for Father to drive forward into a parking space. Father then accidentally pinned Son between his vehicle and the next vehicle, resulting in injuries to Son. Son and his wife brought a damage action alleging negligence by Father. The trial court granted summary judgment to Father, finding that the Statute was applicable to the facts. The court of appeals reversed. The Supreme Court granted transfer and reversed the trial court, holding that, as to injuries inflicted when a passenger has exited the vehicle and is standing outside of it and directing the driver's attempt to park, the passenger is not "in or upon" the vehicle and thus is not precluded from bringing a negligence action against the driver.
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