Zuppardo v. O'Hare

CAMPBELL, Judge.

Appellant appeals the jury verdict in favor of appellee and the resulting final judgment of the trial court. We reverse.

The cause of action below arose out of an accident that occurred when appellant’s automobile collided with appellee’s horse which had strayed onto U.S. Highway 41, in Sarasota County, at approximately 1:25 a.m., on August 14, 1983. Appellant’s two-count complaint below alleged in count I that the horse, owned by appellee, “had negligently been permitted to stray upon Highway 41.” Count II alleged that by allowing her horse to stray upon Highway 41, appellee…