Excitements of Change: A Dialogue on the Constitutionality of the Guest Statute, The
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Authors
Green, J. Patrick
Issue Date
1981
Volume
14
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In the first wave of attacks on the constitutionality of guest statutes generated by the California decision in Brown v. Merlo, the constitutionality of Nebraska's Guest Statute was challenged upon both federal and state constitutional grounds. It withstood those challenges in Botch v. Reisdorff. An attempt to avoid the Botch decision by challenging constitutionality solely on federal grounds in United States District Court was equally unsuccessful. Thus, the issue as to the constitutionality of the Guest Statute appeared to be closed. Since the Legislature has shown no inclination to repeal the statute, the learning concerning passengers, guests, and gross negligence appeared to be a permanent fixture of Nebraska law. However, recent developments indicate that the Botch decision may be due for reconsideration. In Kreifels v. Wurtele, the Chief Justice and two judges of the Nebraska Supreme Court indicated their willingness to overrule Botch. The day after the opinion in Kreifels was released, the Iowa Supreme Court reversed its position on the Guest Statute and declared the Iowa Guest Statute unconstitutional...
Description
Citation
14 Creighton L. Rev. 37 (1980-1981)
Publisher
Creighton University School of Law