Opinion
No. 63-87.
October 15, 1963. Rehearing Denied October 30, 1963.
Appeal from the Circuit Court, Dade County, J. Fritz Gordon, J.
Rothstein Tumin, Miami, for appellants.
Wicker, Smith, Blomqvist, Hinckley Davant, Miami, for appellees.
Before BARKDULL, C.J., and HORTON and HENDRY, JJ.
The appellant, plaintiff in the trial court, appeals an adverse summary judgment, contending that there was a material issue of fact to be presented to the jury as to whether or not the appellee negligently operated a motor vehicle under his control.
An examination of the record fails to demonstrate that the appellee acted other than as a reasonable person under the emergency circumstances created by the appellant-driver. Therefore, no error has been made to appear in the entry of the summary judgment. See: Harper v. Mangel, Fla. App. 1963, 151 So.2d 346.
Affirmed.