Weiss v. Ballagh

ANDREWS, Judge.

This is an appeal from a jury verdict and judgment for the defendant in an automobile negligence case.

The plaintiff was a passenger in the car driven by the defendant. Both the plaintiff and the defendant were students at the University of South Florida. The defendant was going to the home of his parents for the weekend, and the plaintiff, whose home was in Lakeland, was going to the home of his brother for the weekend.

The complaint alleged simple negligence. At a pre-trial conference the plaintiff’s counsel declined to amend the complaint to include the count of gross…