Papp v. Morales

PEARSON, Judge.

This is an appeal from the final judgment entered on a jury verdict in an action brought by the appellant who was a passenger in an automobile driven by the defendant-appellee. The only point urged for reversal is that the trial court erred in failing to take from the jury the question of whether the Florida guest passenger statute, F.S. § 320.59, F.S.A., was applicable to this case.

Appellant sued the appellee who was the owner and driver of the automobile and the appellee pleaded that appellant was a guest passenger. The trial court found that simple negligence was established…