Neu v. Grant

548 F.2d 281 (1977)


P was a guest passenger in a 1967 Plymouth Fury owned by Grants (D) and operated by Lorna Grant and a pickup truck owned and operated by Frank Grant was traveling in the same direction. Ds engaged in a speed contest between the two vehicles.  Lorna lost control of the Plymouth. It skidded sideways for a long distance, rolled over at least one complete revolution and came to rest on its wheels off of the roadway. P alleged that the accident was caused by the negligence of Frank and the gross negligence of Lorna. The jury was instructed that P was a guest in the Plymouth Fury and that, pursuant to the guest statute, P had the burden to prove that Lorna was grossly negligent. Following a pre-trial conference, P filed a Motion to Strike D's Answer, which alleged that the Wyoming Guest Statute barred recovery, in that the statute was unconstitutional. The motion was denied, but P did not object. Nor did P object to the instruction given to the jury. After the verdict, P did not respond with any motions. P then appealed on the grounds that the statute was unconstitutional under state and federal law.