THOMAS WEBSTER, A MINOR BY HIS FATHER AND NEXT FRIEND, M. B. WEBSTER, AND M. B. WEBSTER, INDIVIDUALLY, APPELLANTS,
v.
KREIS KEMP, A MINOR BY HIS FATHER AND NEXT FRIEND, GEORGE KEMP, AND GEORGE KEMP, INDIVIDUALLY, APPELLEES
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The court held that the defendant-driver was guilty of simple negligence as a matter of law, and summary judgment for the defendants was appropriate.
A minor driver, Kreis Kemp, was speeding significantly above the posted limit on a straight, level road. He lost control of the vehicle, causing it to…
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This is an appeal by the plaintiffs from a summary final judgment for the defendants in a guest passenger case. We affirm.
On Christmas morning of 1960, plaintiff Thomas Webster, a minor, was a guest passenger in a car owned by George Kemp and driven by Kreis Kemp, his minor son. The two teenagers were going fishing at Flamingo, Florida, and were driving on Main Park Road in Everglades National Park. The posted speed limit was 45 miles per hour. Kreis Kemp admitted he was going between 75 and 80 miles per hour. The road was straight and level. It was daylight and the weather conditions were not a factor in the accident. The minor defendant lost control of the car when the back began to sway, and the car left the road, turning over 2i/£ times. In his deposition Kreis Kemp stated that he had been driving about five months and that he had noticed the car had a tendency to sway or “fishtail” when going around corners.
There was no genuine issue of material fact, and under the facts as presented upon the motion for summary final judgment, the defendant-driver was guilty as a matter of law of simple, negligence only under the rule as stated in Carraway v. Revell, Fla. 1959, 116 So.2d 16, 22; see also Godwin v. Ringley, Fla.App. 1961, 126 So.2d 163.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Webster v. Kreis Kemp, 164 So. 2d 814 (Fla. 1964)…Court. We must decide whether the decision in the instant case conflicts with a prior decision of this Court on the same point of law when applied to substantially the same controlling facts. The decision under review is Webster v. Kemp, Fla.App., 156 So. 2d 669. The significant facts are revealed by that opinion. Thomas Webster, a minor, was a guest passenger in an automobile owned by George Kemp and driven at the time by his minor son, Kreis Kemp. Webster was injured when an accident occurred under the fo…
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Sula P. Haynes v. Littleford, 173 So. 2d 477 (Fla. 2d DCA 1965)…ntiff appeals a summary final judgment for the defendant in a guest statute 1 case. In granting the motion the court found as a matter of law that the actions of the defendant did not amount to gross negligence, citing Webster v. Kemp, Fla.App.1963, 156 So. 2d 669; Godwin v. Ringley, Fla.App.1961, 126 So. 2d 163 and Carraway v. Revell Motor Co., Fla.1959, 116 [*478] So. 2d 16. Since the rendition of the summary judgment the Supreme Court of Florida has quashed the District Court decision in the Webster case,…
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Webster v. Kreis Kemp, 163 So. 2d 344 (Fla. 3d DCA 1964)…PER CURIAM. Whereas, the judgment of this court was entered on October 8, 1963 (156 So. 2d 669) affirming the summary final judgment of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in the above styled cause; and Whereas, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by…
Authorities Cited
- Royal Carraway v. Revell, 116 So. 2d 16 (Fla. 1959)
- Lerov Godwin v. Ringley, 126 So. 2d 163 (Fla. 2d DCA 1961)
- Kuebler v. Volusia JAI Alai, Inc., 126 So. 2d 163 (Fla. 1st DCA 1960)