Alfred Riksem and Annabelle Riksem v‪.‬

This appeal arises out of a wrongful death action brought by plaintiffs-appellants Alfred and Annabelle Riksem for the death of their son, Norman Riksem, who was killed in a single car automobile accident on Sunday, May 23, 1971. Defendant-respondent Lance E. Hollister was driving the car when the accident occurred. Following a jury verdict, the district court entered judgment in favor of defendant and against plaintiffs. Appellants appeal from this judgment of the district court. The dispositive issue in this appeal is whether the jury should have been instructed on the applicability of the guest statute. This case fits squarely within the recent case of Newman v. Coleman, 96 Idaho 80, 524 P.2d 541 (1974), wherein this Court, relying upon the case of Thompson v. Hagan, 96 Idaho 19, 523 P.2d 1365 (1974), which ruled the automobile guest statute unconstitutional, reversed and remanded the case for new trial. Accordingly, this case must be remanded for a new trial on the issue of the negligence of both parties to the action.