Ill. Pattern Jury Instr. (Civil) 72.00

Introduction

The instructions in this section were prepared at a time when the rights of a guest and the duty of

a host driver in Illinois were proscribed by the “guest act” ( see Ill. Rev. Stat. ch. 95 1/2, &p;10 -201

(1971)). IPI 72.01, 72.02, and 72.05 were prepared for use in cases brought under the “Guest Act”. IPI

72.03 and 72.04 are useful in situations in addition to the guest-host situation.

In 1971, the “Guest Act” was repealed. For occurrences after January 1, 1972, a person riding as

a guest need only prove negligence in order to recover from his host. 625 ILCS 5/10- 201 (1994).

However, a hitchhiker must still prove wilful and wanton conduct on the part of his host in order to

recover damages from his host. 625 ILCS 5/10- 201 (1994). For the hitchhiker, IPI 14.01, which defines

wilful and wanton conduct, and the second portion of IPI 20.01.01, which states the issues in a case

requiring proof of wilful and wanton conduct, may be used together with the second portion of IPI

B21.02.02, which states the plaintiff's burden in a case requiring proof of wilful and wanton conduct.

Because it is unlikely that “Guest Act” cases remain unresolved, the Committee has withdrawn

IPI 72.01, 72.02, 72.05, and 72.06. Where the injury occurred after January 1, 1972, IPI 20.01 (issues)

and B21.02 (burden of proof) will be appropriate.

In Rosenbaum v. Raskin, 45 Ill.2d 25, 257 N.E.2d 100 (1970) the supreme court refused to apply

the Guest Act to a child of 4 years. The court reasoned that a question arises as to mental capacity of a

child of tender years to understand and accept the status of a guest-host.

A third person, usually the driver of another car, owes a rider the duty of ordinary care no matter

in what legal relationship the rider stands to his own driver.