Dienner v. Flanell

Judgment reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The three plaintiffs, who are the defendant’s mother and two friends, were passengers in an automobile driven by defendant. Plaintiffs were injured when the vehicle in which they were riding was involved in an accident in Miami Beach, Florida. Under the Florida law (Florida Statutes, § 320.59), which would be applicable here, a passenger may recover damages against the owner or operator of the motor vehicle in which he was riding only if the accident was “ caused by the gross…