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WOOD v. MUSA

No. 4775.

168 So.2d 701 (1964)

Jamie WOOD, a minor, by his father and next friend, Maurice Wood, and Maurice Wood, individually, Appellants, v. Henry A. MUSA, Appellee.

District Court of Appeal of Florida. Second District.

November 11, 1964.

Attorney(s) appearing for the Case

John S. Matthews and David H. McClain, of Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellants.

William R. Hapner, Jr., of Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellee.

SHANNON, Acting Chief Judge.

This is a guest statute case in which the jury returned a verdict in favor of the defendant. The plaintiffs contend that the trial court committed error when it defined gross negligence to the jury as follows:

"The Court instructs you that gross negligence is a reckless disregard for human life; or that entire want of care which would raise the presumption of a conscious indifference...

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