No. 62-725 | Fla. Dist. Ct. App. | May 28, 1963
The appellant, plaintiff below, appeals an adverse final summary judgment. The question involved here is whether or not the appellant was a guest passenger within the purview of § 320.59, Fla.Stat., F.S.A.
The facts, which appear to be without •material conflict, are that the appellant and appellee were proceeding from a cafe, intending to ultimately attend a church sale. While en route, with the appellant driving the appellee’s car, they stopped to assist a ■motorist who had run out of gas. While attempting to refuel the disabled car, the appellant and appellee went to the rear of appellee’s automobile. However, the ap-pellee proceeded around to the driver’s side ■of his own automobile, entered, started it up, and, through some unexplained maneuver, caused it to back up, striking the appellant and breaking his legs.
The Florida guest statute § 320.59, supra, provides:
“No person transported by the owner or operator of a motor vehicle as his guest or passenger, without payment for such transportation, shall have a cause of action * * * unless such accident shall have been caused by the gross negligence or willful and wanton misconduct of the owner or operator of such motor vehicle * * [Emphasis supplied.]
It is clear from the facts in this case that the appellant was a nonpaying guest and that the accident which resulted in his injuries occurred before the transportation was concluded. See Fishback v. Yale, Fla.1955, 85 So. 2d 142" date_filed="1955-12-14" court="Fla." case_name="Fishback v. Yale">85 So.2d 142. Consequently, since the appellant does not contend that the appellee was guilty of gross negligence, the summary judgment entered was proper.
Accordingly, the judgment appealed is affirmed.