This section contains the nature of the case and procedural background.

Fifteen-year-old Jeremy Byrne (D) was operating a single-seat, enclosed-cab tractor (with plow in tow) while his friend, Chris Edwards (D), fourteen, sat on the left-hand armrest. The tractor traveled along a wet, unpaved road, and its tires began spewing mud. This obstructed the views from both side windows. The tractor reached the stop sign at an intersection with a state highway. Jeremy (D) asked Chris (D) to check for traffic. Chris (D) opened the door and stepped out of the cab onto the tractor's diesel tank to get a better view of the road. He signaled to Jeremy (D). Jeremy (D) entered the intersection and collided with Ps' van. Chris (D) testified that he opened the cab door, looked to the left, and said, 'It's clear on this side,' but before he could climb higher to see over the cab to the right, he felt the tractor move forward. He then got back in the cab and asked Jeremy (D), 'What are you doing?' Jeremy (D) said, 'You said it's clear,' and Chris (D) replied, 'No, I said it was clear on this side.' Chris (D) then instinctively turned around to look out of the back window, and the accident happened. Ps sued the fathers of the boys, their insurers, and the manufacturer of the tractor. Jeremy's (D) representatives settled with Ps. The trial court dismissed Chris's (D) father and insurance company on summary judgment, after concluding that Chris (D) did not breach any duties owed by a guest passenger. Ps appealed.

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