CUNNINGHAM v. AUSTIN FORD, INC.

Nos. 65-732, 65-733.

189 So.2d 661 (1966)

Peter J. CUNNINGHAM, Appellant, v. AUSTIN FORD, INC., a Florida Corporation, Appellee. Peter J. CUNNINGHAM and State Farm Mutual Automobile Insurance Company, an Illinois Corporation, Appellants, v. AUSTIN FORD, INC., a Florida Corporation, Harry Moran, and Iowa National Mutual Insurance Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 20, 1966.


Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl and Herbert Odell, Miami, for Cunningham & State Farm.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and John W. Thornton, Miami, for Austin Ford and Iowa National.

Goodman & Petersen, Miami, for Moran.

Before HENDRY, C.J., and PEARSON and BARKDULL, JJ.


HENDRY, Chief Judge.

Austin Ford, Inc. owned an automobile which was assigned to its salesman, Harry Moran, for use as a demonstrator and for his own personal use. Moran, Peter J. Cunningham and Michael Brenan were in the car when an accident occurred. Cunningham was driving at the time of the accident with Moran's permission; the facts are in conflict as to whether this permission was for social or business reasons. Brenan...

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