SMILEY v. COURT

No. 69-542.

243 So.2d 643 (1971)

Merita K. SMILEY, Appellant, v. James M. COURT, Joann F. Krug, Joseph R. Krug, Frances Krug, Morvin S. Smiley and Morita E. Smiley, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 25, 1971.


Attorney(s) appearing for the Case

James O. Driscoll of Driscoll & Baugh, Orlando, for appellant.

Thomas R. Mooney and Irv Meyers of Meyers & Mooney, Orlando, for appellee James M. Court.


WALDEN, Judge.

A Volkswagen and a horse collided upon a public road. The automobile was damaged, the horse was killed, and the automobile driver and two horseback riders were injured. Multiple negligence claims resulted. We, though, are only concerned with the claims for personal injuries brought by the Volkswagen driver, James M. Court, against the "passenger" on the horse, Merita K. Smiley, a minor, and vice versa.

More exactly, Court sued Smiley charging...

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