Pooton v. Berutich

HOBSON, Judge.

Plaintiff-appellant, Frank Pooton, the surviving spouse of Violet J. Pooton, sued defendant-appellees pursuant to Chapter 768 of the Florida Statutes F.S.A. for the wrongful death of Violet J. Pooton as a result of injuries received in an automobile accident. Plaintiff’s original complaint alleged simple negligence. Subsequent thereto motions for summary judgment were filed on behalf of both parties, plaintiff’s position being that the pleadings and depositions on file showed that as a matter of law there was no genuine issue of a material fact as to the deceased not coming…