NEALY v. ROSS

No. 70-1217.

249 So.2d 522 (1971)

Lawrence A. NEALY, Appellant, v. James ROSS and Fincher Motors, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 9, 1971.


Attorney(s) appearing for the Case

Harold A. Turtletaub, Miami, for appellant.

High, Stack, Davis & Lazenby, Miami, for appellees.

Before PEARSON, C.J., HENDRY, J., and SACK, MARTIN, Associate Judge.


SACK, MARTIN, Associate Judge.

This is an appeal by the plaintiff in the court below from a final summary judgment in favor of the defendant, Fincher Motors, Inc.

The complaint sought to charge Fincher Motors, Inc., with vicarious liability, as the owner of the automobile driven by the co-defendant James Ross, one of its employees, resulting in an accident, causing injury to the plaintiff.

The facts as disclosed by the uncontradicted deposition of...

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