La Rue v. Hoffman

SHANNON, Judge.

Appellant-plaintiff, in her complaint, alleged that the defendant in the operation of his automobile struck her while she was a pedestrian. Defendant, in his answer, alleged that the plaintiff was a guest in his car, and in the process of alighting therefrom, was injured; hence, under the guest statute of Florida she would have to allege and prove gross negligence or willful and wanton misconduct. The parties then stipulated the facts to be as follows:

“1. That on March 21, 1957, the plaintiff, Alice LaRue, was a guest passenger in an automobile owned and driven by the…