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'l'he plaintiff's son, Neal Carr (Neal), was killed in a two-vehicle
collision ~n U. S.1-lighway #1 near Fort Pierce, Florida. Neal was riding as
a passenger in the right front seat and two other boys, John Eaton and Floyd
Roberts, were riding in the rear seat of an automobile being driven by Mark
Mayer (Mark). The four boys were returning from Mims, Florida, to West
Palm 13each, Florida. They had driven to Mims in two cars~ both cars ~
titled in the name of Marvin D. Eaton (Mr. Eaton), the father of John Eaton,
to return one of the cars to Mr. Eaton. On the way back fr~m Mims; the
boys alternated driving (Neal did not drive as he did not have a driver's
license). _
While Mark was driving in a light rain at about 65-70 miles per hour
in a 65-mile-per-hour zone, a vehicle which he was following suddenly moved
from the left or inside lane to the right or outside lane. The vehic~e Mark
was driving then "rear-ended" a truck owned by Crosby Builders Supply Co.
(Crosby), being operated by J. C. Thomas, which was stopped in the inedian
crossover strip, partially blocking the left or inside lane, waiting for an
opportunity to make a U-turn. The boys in the front seat, Mark and Neal, :
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werc killed instantiy. ~ ~
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' Suit f~r d:zmages was subsequcnt~y instituted by the plaint~ff. 1'he ~
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~ case was tried before a jury. The jury returned a verdict in favor of all '
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! defendants and against the plaintiff. Final judgment was then entered for
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~ defendants. Plaintiff moved for and was denied a new trial. This appeal .
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; followed.
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; The first point for our determination is whether the trial court
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' errecl in cie,~termining as a matter of law that Neal Carr was a gu~~st passen-
~ ber, which determination required plaintiff to prove that Mark was gJilty of
~ gross negligence in order to obtain a judgment against Mark's estate.
` Florida's "guest statute" § 320.59, Florida StatutesZ, prohibits
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' I. Fla. Laws 1937, ch. 18033 §§1, 2; as codified in § 320. 59, Fla. Stat.
= 1971, repealed Fla. Laws 1972, ch. 72-1 § 1.
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