Legal Opinion
Mascarenas v. Johnson
Court of Appeals for the Fifth Circuit
Decided June 30, 1960No. 18119PublishedCited by 3 opinions
1Opinion of the Court
JONES, Circuit Judge.
The appellee, who was plaintiff in the district court, was a guest in a borrowed automobile and was injured when the car went off the pavement of a city street in Palm Beach, Florida, and struck a tree. She recovered judgment against the driver and the owners of the car and they have appealed. The Florida statute 1 denies recovery to a guest injured *50in an automobile accident unless the injury was caused by gross negligence or willful and wanton misconduct of the owner or operator of the vehicle.
The only one of the witnesses at the trial who was present when the accident…
2Cases cited4 opinions
- Herring v. EilandSupreme Court of Florida · 1955
- Henley v. CarterSupreme Court of Florida · 1953
- Heitman v. DavisSupreme Court of Florida · 1937
- Central Truck Lines, Inc. v. Mrs. Doris Lott, Individually and as Administratrix of the Estate of Jack Lott, DeceasedCourt of Appeals for the Fifth Circuit · 1957
3Cited by3 opinions
- Laragione v. HaganDistrict Court of Appeal of Florida · 1967
- Florida East Coast Railway Co. v. KeilenDistrict Court of Appeal of Florida · 1966
- Mascarenas v. JohnsonCourt of Appeals for the Fifth Circuit · 1960