Mildred Louise Cadore v. Sadie Karp

Since the death of plaintiffs decedent was the result of injuries received while a guest in an automobile being operated by defendants decedent, the plaintiff was required to prove gross negligence in order to recover. Sec. 320.59, Fla.Stat.1955, F.S.A.; Brailsford v. Campbell, Fla.1956, 89 So.2d 241. The principal issue here is whether plaintiffs evidence was sufficient to take the case to the jury under the rule of Moore v. Dietrich, 133 Fla. 809, 183 So. 2, that "[a] verdict for the defendant should never be directed by the court unless it is clear that there is no evidence whatever adduced that would in law support a verdict for the plaintiff. If the evidence is conflicting, or will admit of different reasonable inferences, and if there is evidence tending to prove the issue, it should be submitted to the jury as a question of fact to be determined by them, and not taken from the jury and passed upon by the court as a question of law."