(Download) "Mcgeehan V. Bunch" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Mcgeehan V. Bunch
- Author : New Mexico Supreme Court
- Release Date : January 23, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On August 1, 1973, petitioner Elizabeth McGeehan (plaintiff) filed suit in the District Court of Bernalillo County alleging that she was injured on March 3, 1972, while a guest in the car of respondent Thomas B. Bunch (defendant). The complaint alleged that defendant failed to use due and ordinary care while operating his vehicle on State Road 90 in Grant County, New Mexico. Defendant moved to dismiss on the ground that the facts as stated in the complaint fell within the terms of New Mexico's "guest statute," § 64-24-1, N.M.S.A. 1953 (Repl. Vol. 9, Pt. 2, 1972). In a memorandum of law submitted in opposition to defendant's motion to dismiss, plaintiff attacked the constitutionality of the guest statute as violative of N.M. Const. art. II, § 18, and U.S. Const. amend. XIV, in that it arbitrarily and unreasonably discriminates between paying and nonpaying guests. The motion to dismiss was heard and granted by the district court on November 27, 1973.