BRADY v. ACS

No. 775S165.

342 N.E.2d 837 (1976)

Richard BRADY, Appellant (Defendant below), v. Carmen ACS, Administratrix of the Estate of Santiago Lazaro, Deceased, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied May 3, 1976.


Attorney(s) appearing for the Case

Marshall E. Williams, Heeter, Johnson, Salb & Williams, Indianapolis, for appellant.

Stephen H. Meyer, Byron M. Chudom, (Chudom & Pressler, Schererville, of counsel), for appellee.


PRENTICE, Justice.

Plaintiff's (Appellee's) decedent was a guest passenger in an automobile operated by Appellant (defendant) and was killed in the accident out of which this case arose. Plaintiff brought her action for wrongful death, alleging both negligence and "wilful or wanton misconduct" by the defendant. Plaintiff filed a motion for a pretrial determination of the constitutionality of Ind. Code 1971, 9-3-3-1, generally referred to as the "Indiana Guest Statute...

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