CLARK v. CLARK

No. 01S02-1112-CT-690.

971 N.E.2d 58 (2012)

Robert L. CLARK, Jr. and Debra Clark, Appellants (Plaintiffs below), v. Robert L. CLARK, Sr., Appellee (Defendant below).

Supreme Court of Indiana.

July 23, 2012.


Attorney(s) appearing for the Case

David W. Craig , Scott A. Faultless , Krysten Lester-LeFavour , Craig Kelley & Faultless, Indianapolis, IN, Attorneys for Appellants.

Richard P. Samek , Diana C. Bauer , Carson Boxberger LLP, Fort Wayne, IN, Attorneys for Appellee.


On Transfer from the Indiana Court of Appeals, No. 01A02-1007-CT-759.

DICKSON, Chief Justice.

The Indiana Guest Statute prevents certain designated passengers from recovering damages for injuries resulting from the ordinary negligence of the motor vehicle operator, where such passenger was "being transported without payment in or upon the motor vehicle." Ind.Code § 34-30-11-1 (emphasis added). We hold that, as to injuries inflicted when such...

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