Gridley v. Cardenas

The sole question in each case is whether the complaint states a cause of action. The accident having occurred in Florida, the rights of the parties are governed by the law of that state. Scholle v. Home Mut. Casualty Co. 273 Wis. 387, 389, 78 N. W. (2d) 902.

The complaints allege only a want of ordinary care on the part of the pilot, Cardenas, as contrasted with gross negligence or wilful and wanton misconduct. Defendant contends, therefore, that the asserted cause of action is barred by Florida’s guest statute, sec. 320.59, Fla. Stats. 1953, the presently pertinent provisions of which are as…