Car & General Ins. Corp. v. Keal Driveway Co‪.‬

Ralph Campbell was injured when his automobile collided with another automobile owned by Keal Driveway Company, and which was being operated at the time by its employee, R. S. Bunnell. Campbell, who was working in the course of his employment with Franklin Products corporation, elected to accept compensation benefits under the provisions of the Florida Workmens Compensation Act. As subrogee, Car & General Insurance Corporation, the employers insurance carrier, brought this action on behalf of itself and Campbell, to recover damages against Keal Driveway Company and R. S. Bunnell for the injuries sustained by Campbell. Sec. 39, Florida Workmens Compensation Act, Acts 1935, c. 17481. The plaintiff alleged that the accident was the result of Bunnells negligence; and the defendants answered denying that they were guilty of neglience, and alleging that in any event Campbell was guilty of contributory negligence which barred recovery. The case was tried to a jury which found the defendants guilty of negligence, and Campbell guilty of contributory negligence. Judgment was thereupon entered for the defendants and the plaintiff appealed.