Hamilton v. Miller

• Citation: 91 Idaho 27,415 P.2d 313
• Decision Date: 13 June 1966
• Docket Number: No. 9710,9710
• Parties: C. J. HAMILTON, as administrator with Will annexed of the Estate of William L. Wilson, Plaintiff-Appellant, v. Clinton L. MILLER, Defendant-Respondent.
• Court: Idaho Supreme Court

Page 313

415 P.2d 313

91 Idaho 27

C. J. HAMILTON, as administrator with Will annexed of the Estate of William L. Wilson, Plaintiff-Appellant, v. Clinton L. MILLER, Defendant-Respondent.

No. 9710.

Supreme Court of Idaho.

June 13, 1966.

C. J. Hamilton, Coeur d'Alene, for appellant.

E. L. Miller, Coeur d'Alene, for respondent.

McQUADE, Justice.

In October 1960 respondent, Clinton L. Miller, and William L. Wilson attended a Grand Lodge meeting of the Independent Order of Odd Fellows in Twin Falls, Idaho. Miller was a delegate from the local lodge in Coeur d'Alene; Wilson was a delegate from the local lodge in nearby Post Falls. Prior thereto they had known each other for approximately three months. Miller and Wilson traveled together to Twin Falls in Miller's car with Miller driving. After arriving in Twin Falls on October 16, each attended various meetings for the next three days. On the afternoon of October 19, during free time from the meetings, Wilson suggested they make a sightseeing trip to Shoshone Falls, a local attraction near Twin Falls. On the way to the falls, Miller, who was driving, failed to stop at a stop sign and a collision resulted with another car. Wilson was killed in the accident. Wilson's widow commenced this action on the basis of ordinary negligence to recover damages for his death while a paying passenger. She subsequently died and appellant C. J. Hamilton, the administrator of Wilson's estate, was substituted as the party plaintiff. The trial court granted summary judgment in defendant's favor, finding no genuine issues of material fact and that, as a matter of law, a hostguest relationship existed between Miller and Wilson. From that judgment the administrator appeals.

I.C. § 49-1401 precludes recovery by a 'guest' in an automobile for injuries sustained as a result of the driver's ordinary negligence.

'49-1401 (as in effect at that time). Liability of motor owner to guest.-No person transported by the owner or operator of a motor vehicle as his guest without payment for such transportation shall have a cause for damages against such owner or operator for injuries, death or loss, in case of accident, unless such accident shall have been intentional on the part of the said owner or operator or caused by his intoxication or his reckless disregard of the rights of others.'

The only question involved in this appeal is whether Wilson was a 'guest' in Miller's automobile, ¹ as was found by the trial court, or was a paying passenger as part of a joint venture, as contended by appellant.

Viewing the evidence most favorably to appellant, it appears that on the way to Twin Falls from Coeur d'Alene, after they stopped to have a flat tire repaired, Wilson paid for lunch for himself and Miller. This amounted to about $.85 each. In addition, during the trip to Twin Falls, Wilson may have paid about $4.50 on one occasion and $5.50 on another occasion for gasoline for Miller's automobile. Miller could not recall these instances but conceded that Wilson could have paid for the gas but that if he did, Miller reimbursed him. Furthermore, Miller testified that before deciding...