BROOKS v. PLANT

No. 72-152.

296 So.2d 71 (1974)

Billy Joe BROOKS, a Minor, by and through His Mother and Next Friend, Callie Mae Oxendine and Callie Mae Oxendine, Individually, Appellants, v. Jay R. PLANT and Auto-Owners Insurance Company, a Corporation, Appellees.

District Court of Appeal of Florida, Second District.

May 31, 1974.


Attorney(s) appearing for the Case

Thomas A. Capelle, of Hardee, Hamilton, Douglas & Sierra, Tampa, for appellants.

Sidney G. Philpot, Jr., of Troiano, Roberts & Philpot, Lakeland, for appellees.


MANN, Chief Judge.

Billy Joe Brooks sued Plant, charging negligent operation of a pick-up truck, resulting in the fall of appellant from the rear of the truck and causing serious head injuries. As a result of the accident, Billy can recall nothing of the accident itself or the events immediately preceding it. Unfortunately, there appear to be no other eye-witnesses.

Finding no direct evidence of defendant's negligence, the trial court granted defendant summary...

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