228 So. 2d 432 | Fla. Dist. Ct. App. | 1969
By this appeal, the appellant [defendant in the trial court in a personal injury action] urges error in the failure of the trial judge to give instructions relating to contributory negligence or assumption of the risk. We affirm.
The record shows that the plaintiff was riding as a passenger in an automobile being operated by the twenty-one-year-old defendant
Affirmed.
. This case does not involve the guest statute because the passenger was the owner of the vehicle. Hale v. Adams, Fla.App.1960, 117 So.2d 524; Fla.App.1962, 138 So.2d 761; Fla.App.1962, 147 So.2d 165; Heddendorf v. Joyce, Fla.App.1965, 178 So.2d 126.
. The restriction required a licensed operator [which the plaintiff was] to be in the vehicle with the restricted driver. McKinney’s Consolidated Laws of New York, c. 71, § 501(4) (b).