Bobstein v. Splinter

STURGIS, Chief Judge.

This is an appeal from an order dismissing with prejudice plaintiff’s second amended complaint against defendant Milton Francis Clardy for failure to state a cause of action. The sole issue here is whether the amended complaint stated a cause of action against said defendant within the purview of the Guest Statute, Section 320.59, Florida Statutes, F.S.A.

The complaint charges that the plaintiff was a guest passsenger in an automobile owned by defendant Milton Francis Clardy and operated by Clyde Richard Clardy, who is not a party to the action; and that plaintiff was…