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CANNON v. OVIATT

Nos. 13366, 13379.

520 P.2d 883 (1974)

Jacki CANNON, Plaintiff and Appellant, v. Paula OVIATT et al., Defendants and Respondent. Eugene W. MARTIN, Guardian ad litem for Jackie A. Martin, a minor, Plaintiff and Appellant, v. Jay G. JACKSON and Harold C. Russell, Defendants and Respondents.

Supreme Court of Utah.

March 26, 1974.

Attorney(s) appearing for the Case

Anthony M. Thurber, Salt Lake City, for Cannon.

Curtis K. Oberhansley and Stephen W. Cook, of Kinghorn, Oberhansly & O'Connell, Salt Lake City, for Martin.

D. Gary Christian and Steven H. Gunn, of Kipp & Christian, Salt Lake City, for Oviatt.

Don J. Hanson, Salt Lake City, for Helsley, Moffat and Moffat.

David E. West, of Armstrong, Rawlings, West & Schaerrer, Salt Lake City, for Jackson and Russell.

CALLISTER, Chief Justice:

The appeals of the plaintiffs, which arose out of separate and unrelated actions, have been consolidated since they involved one common question of law, namely, was Section 41-9-1, U.C.A. 1953, unconstitutional? Each plaintiff, while a guest in a motor vehicle, moving upon a public highway in this state, sustained personal injuries in a vehicular accident. Each plaintiff initiated an action against his host, the driver of the vehicle, to...

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