KARL SCHULTZ, JR., A MINOR, BY HIS MOTHER AND NEXT FRIEND, DOROTHY I. SCHULTZ, APPELLANTS,
v.
THOMAS DONALDSON, APPELLEE

Fla. 2d DCA | 1970-02-27
No. 69-359
HOBSON, C. J., and LILES and MANN, JJ., concur.
232 So. 2d 195 Florida District Court of Appeal, Second District (1970) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The mother recovered medical expenses and loss of services in her derivative claim of the negligent action of the defendant, appellee here. The minor recovered nothing for pain and suffering and appeals to this court.

We believe the case falls within the purview of Pickel v. Rosen, Fla.App.1968, 214 So.2d 730. On the authority of Pickel we reverse on the matter of damages only and remand for a new trial so that the jury may determine the sole issue of the damage to the minor plaintiff. See also Griffis v. Hill, Fla., 230 So.2d 143, opinion filed ,T , ir, 1A,n November 19, 1969.

Reversed and remanded.

HOBSON, C. J., and LILES and MANN, JJ., concur.


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    …hich this entrant was pursuing, and that such use was not only acquiesced in by the owner or possessor, but that it was in accordance with the intention and design with which the way or place was adopted or prepared. Smith v. Montgomery Ward & Co., 232 So. 2d 195, 198 (Fla. 4th DCA 1970). An uninvited licensee is a person who chooses “to come upon the premises solely for [his or her] own convenience [*121] without invitation either expressed or reasonably implied under the circumstances.” Wood, 284 So. 2d a…
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