Strauser v. Bryant, 56491
| Decision Date | 24 April 1974 |
| Docket Number | No. 56491,56491 |
| Citation | 217 N.W.2d 706 |
| Parties | Larry STRAUSER, Appellant, v. Johnny Virgil BRYANT, Appellee. |
| Court | Iowa Supreme Court |
Alfred A. Beardmore, and Frye, McCartney & Erb, Charles City, for appellant.
Laird, Burington, Bovard & Heiny, Mason City, for appellee.
Heard en banc.
Plaintiff Larry Strauser filed a petition against defendant Johnny Virgil Bryant alleging he sustained damages from injuries received as a passenger in a motor vehicle owned and operated by defendant when it overturned due to defendant's negligent driving. Defendant moved to dismiss the petition on the basis of its failure to state a cause of action under the Iowa guest statute Code § 321.494. Plaintiff resisted, alleging the guest statute is unconstitutional because it denies equal protection of the laws under Article I, § 6, Iowa Constitution, and Amendment 14, United States Constitution. Trial court sustained the motion to dismiss.
In Keasling v. Thompson, filed separately this date, we held the guest statute constitutional on the same issues involved here.
Trial court did not err in sustaining the motion to dismiss.
Affirmed.
Special concurrence by LeGRAND, J., joined in by UHLENHOPP and HARRIS, JJ.
I adopt as a special concurrence in this case the concurring opinion filed today in Keasling v. Thompson, Iowa, 217 N.W.2d 687.
I respectfully dissent for the reasons expressed in my written dissent in Keasling v. Thompson, Iowa, 217 N.W.2d 687, filed separately this date.
To continue reading
Request your trial
-
Beitz v. Horak
...issue of equal protection under the United States Constitution. In Keasling v. Thompson, 217 N.W.2d 687 (Iowa 1974), and Strauser v. Bryant, 217 N.W.2d 706 (Iowa 1974), this court in five-to-four decisions upheld Iowa's guest statute against equal protection attacks. The majority relied in ......
-
Byrn v. American Universal Ins. Co.
...constitutionality of Iowa's guest statute against the specific charge leveled here by plaintiffs. Keasling v. Thompson, supra; Strauser v. Bryant, 217 N.W.2d 706 (Iowa banc 1974). And in the vintage case of Silver v. Silver, 280 U.S. 117, 50 S.Ct. 57, 74 L.Ed. 221 (1929), a guest statute wa......