Coffman v. Godsoe

• Citation: 351 P.2d 808,142 Colo. 575
• Decision Date: 09 May 1960
• Docket Number: No. 18937,18937
• Parties: Connie Lou COFFMAN, a minor, by Charles R. Coffman, her next friend; and Charles R. Coffman, individually, Plaintiffs in Error, v. Gary G. GODSOE, Arthur Godsoe and Dorothy D. Godsoe, Defendants in Error.
• Court: Colorado Supreme Court

Page 808

351 P.2d 808

142 Colo. 575

Connie Lou COFFMAN, a minor, by Charles R. Coffman, her next friend; and Charles R. Coffman, individually Plaintiffs in Error, v. Gary G. GODSOE, Arthur Godsoe and Dorothy D. Godsoe Defendants in Error.

No. 18937.

Supreme Court of Colorado, En Banc.

May 9, 1960.

Dayton Denious, Omer Griffin, Denver, for plaintiffs in error.

Wormwood, O'Dell & Wolvington, Denver, for defendants in error.

DOYLE, Justice.

Plaintiff in error Connie Lou Coffman was the plaintiff in an action commenced in the district court of the City and County of Denver in which she sought damages for personal injuries arising from an automobile collision, and will be referred to as plaintiff. Plaintiff was a passenger in a vehicle driven by Gary G. Godsoe, a minor of the age of 16 years. He will be referred to here as Gary. This automobile, a 1936 Plymouth, was owned by Arthur Godsoe and Dorothy D. Godsoe, parents of Gary. Plaintiff and Gary were fellow students at South High School and were close friends. The evidence disclosed that prior to the accident Gary had spent a great deal of time at the Coffman home.

The injury complained of occurred on the evening of July 15, 1955, during the course of an automobile ride through Washington Park, the original purpose of which had been (declared by Gary) to go to a soft drink establishment and to return. The tour developed as an aimless one and the collision occurred after the original objective had been abandoned. Although Gary did not ordinarily drive a car due to the fact that he was not old enough, it was shown that on one previous occasion plaintiff's parents had allowed her to ride with him to Phipps Auditorium at City Park. Immediately prior to the injury in question there had been much discussion as to whether Gary had a driver's license. He had represented to plaintiff that he had had a good deal of experience driving a car in Wyoming and that he had obtained a Wyoming driver's license. He had expressed to plaintiff an intention to obtain a driver's license immediately upon reaching the age of 16 which would be on July 15, 1955. On this day, he represented that on the morning of July 15 he had gone to the licensing bureau and had obtained his driver's license. He further said that he had obtained his mother's permission to drive the car, and invited plaintiff and her friend, Carolyn Fells, to ride with him in the car. Plaintiff told him that she would have to get her mother's permission. She thereupon called her mother from the Fells' home. Mrs. Coffman, the mother of the plaintiff, gave a limited consent. She authorized plaintiff to ride to a neighborhood soda fountain called the White Spot and instructed her to return home immediately. According to the evidence, Mrs. Coffman specifically prohibited her riding around. It was upon this basis that plaintiff entered the vehicle.

Gary started out to the agreed destination, but did not go there. Instead he drove around the neighborhood and finally entered Washington Park. Before reaching the park he almost struck a parked car. This occurred when he took his hands off the wheel. While they were driving, there was conversation concerning the driver's license and he again assured plaintiff that he did have the license. Plaintiff at that time admonished him to be careful. He entered the park and while driving past the tennis courts took his eyes from the road, failed to make a turn, drove on the grass and struck a light pole head on. As a result of the resulting impact plaintiff suffered serious injuries, including the loss of an eye.

At the conclusion of the plaintiff's evidence, the trial court granted the defendant's motion for nonsuit. This decision was based on the ground that there was no evidence of willfulness, wantonness or intentional misconduct sufficient to make out a prima facie case, and that the Colorado Guest Statute applied and constituted a bar to recovery. In holding that the Guest Statute applied, the Court declared 'I am staking my entire ruling on the basis that I think and feel that the Colorado Guest Statute bars recovery as a matter of law on the part of these plaintiffs. That was my reason for making the preliminary inquiry here this morning on this rather what to me is a novel and different theory and might conceivably have some merit, namely, that Connie was not a guest within the meaning of that statute by virtue of the admitted fact, as I understood the evidence, that the driving defendant, namely, Gary Godsoe, had deceitfully told both Connie and her mother that he had a license permitting him to lawfully drive when in truth and in fact he did not. The record contains the statement of counsel that apparently neither side has found any case, be it in this jurisdiction or elsewhere, ruling one way or the other on that issue, and if there be no legal authority for the affirmative of that proposition, namely, that the plaintiff such as Connie comes out from under the Guest Statute, I am disinclined to be the first court in the land to say that. So, I am ruling that the Guest Statute does apply.'

On the basis of our numerous prior decisions dealing with the difference between negligence and wanton conduct, the trial court concluded that the evidence was not sufficient to require submission of the case to the jury on the issue of whether the plaintiff could recover notwithstanding the guest statute applied.

In seeking reversal, plaintiff argues, First, that she was not a guest in the Godsoe automobile and that the guest statute has no application in the case; second, that assuming the application of the guest statute, nevertheless the question was one for the jury in that the evidence established defendant's guilt of wanton conduct.

Her third contention is that if the Colorado Guest Statute is held to apply in the case that its application would constitute a violation of plaintiff's constitutional rights.

I.

The question whether plaintiff was in the legal status of guest within the meaning of the applicable statute, C.R.S. '53, 13-9-1.

The so-called guest statute provides that a person who is being transported in a motor vehicle as the guest of the owner or operator shall not have a cause of action unless her injuries were caused by intentional misconduct, intoxication or by negligence consisting of wilful and wanton disregard for the rights of others.

Plaintiff's contention is that the statute is inapplicable unless it appears that the person was a guest in fact and in law, and that the evidence in the instant case fails to establish guest status. She claims that she was riding in the car under a misapprehension arising from defendant's misrepresentations that he was an experienced driver; that he had a driver's license and that he had obtained express permission to drive on the occasion in question.

We have held that the guest statute is in derogation of the common law and that it must be strictly construed. Green v. Jones, 136 Colo. 512, 319 P.2d 1083, 1086. There it was said:

'This statute is in derogation of the common law rule which makes the operator answerable in damages for injuries suffered by an occupant of his car arising out of and proximately caused by the operator's failure to exercise ordinary care. Such being the case, the statute must be strictly construed.'

Recovery for injuries caused by simple negligence is denied a guest because of his nonpaying status. It is said that he is the recipient of a gratuitous benefit conferred on him by the owner or operator of the vehicle. By reason of this the statute requires the guest to accept the hazards created by the ordinary negligence of the host. By agreeing to accept the free transportation, he is held to waive his right to recover for injuries occasioned by the simple negligence of the driver. This is expressed in Millington v. Hiedloff, 96 Colo. 581, 45 P.2d 937, 939, wherein it was stated:

'* * * The guest under the statute must take the risk of the driver's simple negligence. She cannot recover on a showing of negligence alone. She does not carry the risk of willful and wanton acts or omissions that proximately cause her injury.'

It is amplified somewhat in Green v. Jones, supra:

'To achieve the status of 'guest' there must be an invitation, expressed or implied, and an acceptance, formal, informal, or by act or deed. Kathy, because of her tender years, was incapable of accepting; the defendant recognized this fact and, without consulting Kathy, picked her up and plunked her down in the front seat. A strange invitation. How did Kathy accept?

* * *

* * *

'Interwoven in our guest statute and decisions construing the same we find the doctrines of 'assumption of risk,' 'contributory negligence,' failure to extricate oneself from apparent danger, etc., none of which can with reason be applied to Kathy.'

Also relevant are the following decisions, all of which are discussed in Green v. Jones, supra: Dobbs v. Sugioka, 117 Colo. 218, 185 P.2d 784; Wilson v. Hill, 103 Colo. 409, 86 P.2d 1084; United Brotherhood of Carpenters and Joiners of America, Local Union No. 55 v. Salter, 114 Colo. 513, 167 P.2d 954; Ling v. Pease, 123 Colo. 518, 232 P.2d 189; Murrow v. Whiteley, 125 Colo. 392, 244 P.2d 657. See also Haller v. Gross, 135 Colo. 218, 309 P.2d 598, also cited and quoted with approval in the Green case.

These decisions recognize, implicitly at least, the principle that the relationship of driver and guest is consensual in its nature and involves conscious acceptance by the guest of the status or relationship with its attendant hazards. See also 4 Cyclopedia of Automobile Law and Practice § 2292, pp. 306-326.

It follows that one does not stand in the guest relationship where the circumstances of passenger relationship arises involuntarily or forcibly. Green v. Jones, supra, wherein the Court observed:

'* * * Certainly a kidnapped person does not attain the status of guest; a prisoner being...