Tracy Sidle v. William C. Majors

FAIRCHILD, Chief Judge

(concurring).

As a matter of social policy, I have long rejected the propositions which underlie an automobile guest statute of the type we are now considering. See McConville v. State Farm Mutual Automobile Insurance Co., 15 Wis.2d 374, 113 N.W.2d 14 (1962) (written by me as Justice of the Supreme Court of Wisconsin and changing a judge-made rule of law). I am, therefore, in agreement with the majority’s criticism of the stated purposes of the guest statute. However, while I disagree with the choice of policy made by the Indiana Legislature in adopting this statute, I am unable to conclude that the reasons for enacting it are not rationally related to the classifications which the statute creates. A court is required to presume that the grounds for enacting legislation are rational, and I cannot state with the necessary certainty that in this instance the presumption has been overcome.