BETTY D. FLOYD, A MINOR, BY GRADY L. FLOYD, NEXT FRIEND, AND GRADY L. FLOYD, INDIVIDUALLY, APPELLANTS,
v.
LUKE SELLARS, D/B/A LUKE SELLARS CAR RENTALS AND FRANCES L. HUTCHINSON, APPELLEES
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A minor passenger injured in a car accident recovered a $5,000 jury verdict against the car owner and driver (her sister) for gross negligence. The trial court granted a new trial on multiple grounds including that the verdict was against the manifest weight of the evidence. The appellate court affirmed, holding the new trial order was properly supported.
The appellate court affirmed the order granting a new trial on the authority of Cloud v. Fallis, finding the verdict was properly determined to be against the manifest weight of the evidence. However, the court noted that the trial judge's fourth ground regarding failure to emphasize contributory negligence was improper, as trial courts should not give undue prominence to any particular phase or theory of the case.
“As recovery was sought by a passenger in a car, it was necessary for plaintiffs to show the injuries were proximately caused by gross negligence of the driver.”
Establishes the heightened negligence standard required for passenger plaintiff claims under Florida law.
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Join FLexlaw to unlock all legal intelligenceBetty D. Floyd, a minor, was injured as a passenger in an automobile involved in an accident. She sued the driver (her sister) and the car owner for d…
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This appeal is taken under § 59.-04, Fla.Stat., F.S.A., by the plaintiffs Betty D. Floyd, a minor, and Grady L. Floyd, her father as her next friend and individually, from an order granting a new trial. The minor plaintiff was injured when the automobile in which she was riding as a passenger was involved in an accident. She filed suit against the driver, who was her sister, and against the car owner. As recovery was sought by a passenger in a car, it was necessary for plaintiffs to show the injuries were proximately caused by gross negligence of the driver. Section 320.59, Fla.Stat., F.S.A. Trial of the action resulted in a verdict for $5,000. Defendants moved for a new trial which was granted. As required by § 59.07(4), Fla.Stat., F.S.A., and rule 2.6(d), F.R.C.P.,1 the order stated the grounds upon which the new trial was granted,2 including one that the verdict was *881against the manifest weight of the evidence. We affirm the order appealed from on the authority of Cloud v. Fallis, Fla.1959, 110 So.2d 669.
Since the cause is to be retried after remand, we point out that the fourth ground stated by the trial judge, which was that a charge of contributory negligence should have been “emphasized” was not proper. The court in its charges to the jury should not give undue prominence to any one phase or theory of the case.3
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Laverine Thursby and Wynell Thursby v. Reynolds Metals Co., 466 So. 2d 245 (Fla. 1st DCA 1984)…ctors the jury must consider in deciding whether such fault on a plaintiffs part exists, does not constitute an argumentative emphasis on one theory of the case. Blue v. Drackett Products Co., 143 So. 2d 897 (Fla. 3d DCA 1962); cf. Floyd v. Sellars, 145 So. 2d 880 (Fla. 3d DCA 1962). An examination of the charge as a whole shows no undue prominence was given to appellant’s alleged negligence as compared to other aspects of the case. Appellants next urge this court to find error in the trial court’s exclusion…
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Floyd v. Sellars, 155 So. 2d 149 (Fla. 1963)…Certiorari denied without opinion. 145 So. 2d 880.…
Authorities Cited
- Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
- Orme v. Burr, 157 Fla. 378 (Fla. 1946)
- The Jacksonville Elec. Co. v. Adams, 50 Fla. 429 (Fla. 1905)
- Peninsular Tel. Co. v. Marks, 144 Fla. 652 (Fla. 1940)