
    Melissa BUNKER, By and Through her general guardian, Karen MECHAM, Plaintiff-Appellant, v. Ted MOHLMAN, Defendant-Respondent.
    No. 17286.
    Supreme Court of Utah.
    May 1, 1984.
    
      Jackson Howard, Richard B. Johnson, Provo, for plaintiff-appellant.
    Ray H. Ivie, Provo, for defendant-respondent.
   STEWART, Justice:

This is an appeal from a summary judgment dismissing the plaintiffs action. The judgment of the trial court was based upon the Utah Guest Statute, U.C.A., 1953, § 41-9-1. In light of Malan v. Lewis, Utah, 693 P.2d 661 (1984), the judgment of the trial court is vacated and the matter remanded for a trial on the merits. Costs to appellant.

HALL, C.J., OAKS and HOWE, JJ., and VENOY CHRISTOFFERSEN, District Judge, concur.

DURHAM, J., does not participate herein.

CHRISTOFFERSEN, District Judge, sat.  