Ferrer v. McMurry

We are called upon by this appeal to review the propriety of a trial court permitting an ore tenus amendment to plaintiffs’ complaint at the conclusion of all their evidence. The original complaint (as amended) sounded in tort and alleged gross negligence by the operator of a motor vehicle, resulting in injury to a passenger. At the conclusion of all the evidence, the trial court indicated it would grant the defendants’ motion for directed verdict because the injured party was in fact a guest passenger and because of the failure of the plaintiffs to establish gross negligence. Thereupon, the…