Dickson, C.J.
The Indiana Guest Statute prevents certain designated passengers from recovering damages for injuries resulting from the ordinary negligence of the motor vehicle operator, where such passenger was “being transported without payment in or upon the motor vehicle.” Ind. Code § 34-30-11-1 (emphasis added). We hold that, as to injuries inflicted when such a passenger has exited the vehicle and is standing outside of it and directing the driver’s attempt to park, the passenger is not “in or upon” the vehicle and thus is not precluded from bringing a negligence action against the driver.
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We find the language of the Guest Statute to be unambiguous. See C.M.L., 800 N.E.2d at 209 (reaching the same conclusion). The Guest Statute states that the operator of a motor vehicle may not be held liable for injuries negligently caused to a close family member or hitchhiker when those injuries are incurred “while the [close family member] or hitchhiker was being transported without payment in or upon the motor vehicle.” Ind. Code § 34-30-11-1 (emphasis added). The word “upon,” both at the time it was originally added to the Guest Statute, see Act of Mar. 11, 1937, ch. 259, § 1, 1937 Ind. Acts 1229, and when the statute was most recently amended, see Pub. L. 68-1984, 1984 Ind. Acts 925, should be given its literal meaning: “[u]p and on” or simply “on.” The New Century Dictionary 2112 (1929); American Heritage Dictionary 1328 (2d college ed. 1985). Being “in or upon the motor vehicle” thus connotes a physical connection to or contact with the vehicle, such as being “in” a car or “upon” a motorcycle or truck-bed.2 This understanding is consistent with the statute’s further limiting phrase, “while [the guest] was being transported.” Ind. Code § 34-30-11-1. Thus, if the injury is sustained at a time when a passenger is in mere physical contact with the motor vehicle but standing outside of or off of it or at a time when the passenger is not being “transported” by the vehicle, then the Indiana Guest Statute does not bar a passenger’s damage action against the driver. [Footnote omitted.]
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The “in or upon” language of the unambiguous Indiana Guest Statute must be given its plain and ordinary meaning and does not apply to persons who may have been passengers but who, at the time of their injury, had exited the vehicle and were not actually being transported by it. Under the agreed facts of this case, the Guest Statute does not bar the plaintiffs’ claims. We reverse the judgment of the trial court and remand for denial of the defendant’s motion for summary judgment and granting of the plaintiffs’ motion for partial summary judgment.
Rucker and David, JJ., concur.
Sullivan and Massa, JJ., dissent, and would affirm the trial court’s grant of summary judgment in favor of Senior, believing the analysis of KLLM, Inc. v. Legg, 826 N.E.2d 136 (Ind. Ct. App. 2005), trans. denied, and of Chief Judge Robb in this case, Clark v. Clark, No. 01A02-1007-CT-759, 2011 WL 2848178 at *3-5 (Ind. Ct. App. July 19, 2011) (Robb, C.J., dissenting), to have been correct.