Gertler v. Peterson

PEARSON, Judge.

Joseph Gertler, plaintiff in a personal injury action, appeals from a summary final judgment based upon a complaint, answer and his deposition. The complaint *779alleged that on or about January 14, 1958, at or near N.E. 12th Avenue and 163rd Street in Miami, Dade County, Florida, the defendant, Peterson, so negligently, carelessly and recklessly drove, operated or maintained a vehicle owned by him so as to cause the automobile accident out of which this action arose. The answer in general terms admitted the ownership and operation of the vehicle and denied negligence; it further…