Cook ex rel. Pendarvis v. Theriot

Florida Statutes § 320.59 provides in part :

“No person transported by the owner or operator of a motor vehicle as his guest or passenger, without payment for such transportation, shall have a cause of action for damages against such owner or operator for injury, death or loss, in case of accident, unless such accident shall have been caused by the gross negligence or willful and wanton misconduct of the owner or operator of such motor vehicle, * * (Emphasis supplied.)

*459In the instant cause we find Donnie Jean Cook, a person being transported as a guest passenger. The clear mandate of the cited…