Owen v. Bennett
Owen v. Bennett
Opinion of the Court
This is an appeal by the defendants below from an adverse judgment, in an automobile accident case. The plaintiff Joan Bennett was injured when the automobile in which she was a passenger was struck from the rear by a vehicle owned by Dade County and driven by Horace Owen, a Dade County deputy sheriff. In an action against Owen and the county, the plaintiff alleged Owen was negligent and that the vehicle was being operated by Owen with the county’s knowledge and consent.
Reversal is sought on the contention that the trial court erred in ruling that each side was entitled to six peremptory challenges, instead of three. Section 54.11, Fla.Stat., F.S.A., provides that “each party shall be entitled to three peremptory challenges of jurors empaneled in said cause” and that where there are more parties on one side, the side having less parties shall have an equal number of challenges.
The quantity of peremptory challenges is determined by the number and status of the parties on a side, and on consideration of the issues as to them at the time of trial. Here, as to the liability of the driver, the issue was limited to negligence. The liability of the county depended upon an additional issue as to the use of the car by Owen with its knowledge and consent.
On this record the trial judge was eminently correct in ruling that each of the two defendants was entitled to three peremptory challenges of jurors, and therefore that the plaintiff was entitled to six.
Affirmed.
. The county admitted ownership.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.