IN JULY 1975, the Supreme Court of Ohio in the case of Primes v. Tyler' joined a small but growing number of states' which have declared automobile guest statutes' unconstitutional. The circumstances of the Primes case are similar to those encountered in countless other suits brought by injured guest passengers since the Ohio guest statute was enacted in 1933.' George Primes, III and Donald G. Tyler were members of an informal golf group which shared a car pool arrangement. Tyler, driving for the car pool, was involved in an automobile accident in which Primes, a passenger, was injured. Primes brought suit against Tyler demanding recovery for personal injuries incurred in the accident on the basis of ordinary negligence on the part of Tyler. Since both parties were part of a car pool, Primes asserted that he was a paying passenger and thereby excepted from the guest statute preclusion from maintaining suit on the basis of ordinary negligence. The trial court, nevertheless, determined that Primes was not a paying passenger and directed a verdict for Tyler.
Conrneille, Margaret Fuller
"Automobile Guest Statute; Unconstitutional; Equal Protection; Due Process; Right to Seek Legal Redress; Primes v. Tyler,"
Akron Law Review: Vol. 9
, Article 6.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol9/iss3/6