Florida District Courts of Appeal, 1963

Harrington v. Owsiak

Harrington v. Owsiak
Florida District Courts of Appeal · Decided October 29, 1963 · Carroll, Hendry, Pearson, Tillman
157 So. 2d 90 (Southern Reporter, Second Series)

Harrington v. Owsiak

Opinion of the Court

PER CURIAM.

Affirmed. See Oppenheimer v. Werner, Fla.1950, 46 So.2d 870. Compare McNulty v. Cusack, Fla.App.1958, 104 So.2d 785.

Dissenting Opinion

PEARSON, TILLMAN, Judge

(dissenting).

It is my view that the plaintiff was entitled to a directed verdict as to liability in that the explanation offered was not sufficient to raise the issue of unavoidable accident. See Kimenker v. Greater Miami Car Rental, Inc., Fla.App.1959, 115 So.2d 191.

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