HERROD v. SCHIMMELFING

No. 71-262.

264 So.2d 458 (1972)

Eunice A. HERROD, Appellant, v. Elwin P. SCHIMMELFING, Appellee.

District Court of Appeal of Florida, Second District.

July 12, 1972.


Attorney(s) appearing for the Case

L.C. Schowe, of Riley, Davis, Schowe & Saltsman, St. Petersburg, for appellant.

Richard C. Stoneman, of Ramseur, Bradham, Lyle, Skipper & Cramer, St. Petersburg, for appellee.


MANN, Judge.

The sufficiency of a complaint alleging gross negligence is the only question here. We think the motion to dismiss the complaint was improperly granted.

Plaintiff was a passenger in defendant's car. She alleges that his gross negligence consisted in failing to maintain a proper lookout for oncoming traffic, driving his automobile directly into the path of another car and colliding with it, and by driving when under the influence of alcoholic beverages...

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