F. Chad Thompson and Norma J. Thompson v‪.‬

This is an original proceeding seeking a writ of mandate to require application of the motor vehicles guest statute in a proceeding based upon an automobile accident that occurred on October 20, 1972, in Owyhee County, Idaho. The petitioner,[Footnote 1] F. Chad Thompson, was driving an automobile, and Harvey Adams, a passenger, was injured when the vehicle left the road. Adams filed an action against the petitioners alleging that he was not a guest passenger. The petitioners filed a motion for summary judgment supported by affidavits that alleged Adams was a guest passenger and therefore his action was barred by the Idaho guest statute.[Footnote 2] Judge Hagan denied the motion for summary judgment on the ground that the Idaho guest statute was unconstitutional or had been impliedly repealed by the enactment of Idaho comparative negligence statutes. The petitioners filed a petition with this Court requesting a writ of mandate directing the respondent, Judge Hagan, to apply the Idaho guest statute and grant their motion for summary judgment. This Court issued an alternative writ of mandate ordering Judge Hagan to show cause why the order denying the motion for summary judgment should not be vacated, and why an order granting the motion for summary judgment should not issue. Both parties have presented briefs and oral argument on the constitutionality of the Idaho guest statute.