Akins v. Hamblin

The opinion of the court was delivered by This is an appeal from a decision of the district court of
Seward County in which the court granted summary judgment to the
defendant. The sole issue raised is whether a passenger in an
automobile being driven in a reckless manner has a duty to speak
or take positive action to avoid injury to other passengers in
the same automobile. On February 20, 1982, 20-year-old Butch Hamblin was a passenger
riding in an automobile driven by his friend, 22-year-old Gary
Knoll. Prior to picking up 15-year-old Toni Akins, who was dating
Hamblin, Knoll and Hamblin consumed a pizza and two pitchers of
beer. The three drove to a friend's house where Knoll consumed
several drinks containing intoxicating liquors.