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CONNER v. SOUTHLAND CORPORATION

No. 69-335.

240 So.2d 822 (1970)

James D. CONNER, Appellant, v. The SOUTHLAND CORPORATION, a Texas Corporation, Cook-Quik, Inc., a Florida Corporation, Herman Sausage Company, Inc., a Florida Corporation, Velda Dairy Farms, Inc., a Florida Corporation, Robert H. Houck, Richard W. Pinson and Woodrow Montgomery, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied December 7, 1970.

Attorney(s) appearing for the Case

Larry Klein of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, for appellant.

Robert Michael Hutcheson and Cliff B. Gosney, Jr., of Law Offices of Cliff B. Gosney, Jr., Daytona Beach, for appellees — Richard W. Pinson; Cook-Quik, Inc.; and Herman Sausage Company, Inc.

Frank R. Pound, Jr., of Howell, Kirby, Montgomery & D'Aiuto, Rockledge, for appellees — Robert H. Houck; Velda Dairy Farms, Inc.; and The Southland Corporation.

WALDEN, Judge.

This is an automobile negligence suit. Questioned is the allowability of the defense of joint enterprise under a car pool arrangement.

Plaintiff's employment by the School Board took him daily from Titusville to Cocoa and return. He teamed up with two fellow employees in a car pool. Each in daily turn furnished and drove his own car as transportation for the three of them to and from work. The arrangement had been operative for several months...

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