Opinion
No. 59-301.
January 4, 1960.
Appeal from the Circuit Court for Dade County, George E. Holt, J.
Richmond Wolfson and Hilery F. Silverman, Miami Beach, for appellant.
Walton, Lantaff, Schroeder, Atkins, Carson Wahl and Richard J. Thornton, Miami, for appellee.
The plaintiff appeals a final judgment entered pursuant to a directed verdict for the defendant at the close of all the evidence. The trial judge determined that the evidence, viewed in the light most favorable to the plaintiff, a guest passenger in the car of the defendant, was insufficient as a matter of law to establish gross negligence. We have reviewed the record in the same light and we conclude that plaintiff has failed to present evidence that defendant's actions show a conscious indifference for the safety of others. See Carraway v. Revel, Fla., 116 So.2d 16.
Affirmed.
HORTON, C.J., and PEARSON and CARROLL, CHAS., JJ., concur.