RAE LEIBOWITZ, APPELLANT,
v.
RITA STONE FRANKLIN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the plaintiff's amended complaint failed to state a cause of action under the Florida automobile guest statute.
Plaintiff was a passenger injured in a collision when the defendant driver ran into a car in front of them. The trial court dismissed the amended comp…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pleading Standard cases and more on FLexlaw
This is a case brought under the Florida automobile guest statute, section 320.59, Florida Statutes, F.S.A. Plaintiff was a passenger in an automobile owned and being operated by the defendant. She alleged that she suffered injuries in a collision in which defendant ran into a car in front of defendant’s vehicle. The trial court granted defendant’s motion to dismiss the amended complaint, holding that the allegations of fact were inadequate to state a cause of action under the guest statute.
Our study of the pleading disclosed in good measure conclusions unsupported by factual allegations. The judge announced that he would allow plaintiff the right to amend further, but plaintiff advised she did not wish to do so, and accordingly judgment was entered for defendant.
We may say that the allegations of the complaint do not meet the standard required under the case of Carraway v. Revell Motor Co., Fla.1959, 116 So.2d 16.
The judgment is affirmed.
ALLEN, Acting C. J., and KANNER and WHITE, JJ., concur.