Clark ex rel. Clark v. Lowe

CROSS, Judge.

Appellants-plaintiffs, William Joseph Clark, a minor, through his father and next friend William M. Clark, and William M. Clark in his individual capacity, appeal a final judgment in favor of appel-lee-defendant, William Lowe, Jr., in a “darting child” negligence action. We reverse.

The facts in the instant case are largely undisputed. At approximately 4 p.m. on September 14, 1968, defendant was driving his car along a street in Hollywood, Florida. The weather was good, defendant’s visibility was unimpaired, and the road was dry, straight and level. The posted speed limit was 30…