L. D. Whitworth v. Douglas Bynum

The issue in this case is the constitutionality of the Texas Automobile Guest Statute. This lawsuit arose out of an automobile collision causing injuries to L. D. Whitworth while he was a passenger in Douglas Bynums car. Whitworth sued Bynum, but because Whitworth was married to Bynums niece, the trial court rendered summary judgment for Bynum based on the Guest Statute. The court of appeals affirmed that judgment. 679 S.W.2d 608. Whitworth argues in this court that the Texas Guest Statute is unconstitutional under the Texas and federal equal protection clauses because it bears no rational relationship to its purpose. We agree. Therefore, we reverse the judgments of the courts below and remand this cause for trial.