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194 So. 2d 627

Peterson v. Wheelus

District Court of Appeal of Florida

Decided February 2, 1967

District Court of Appeal of Florida · decided 1967-02-02

Cited by 10 later decisions — most recently June 1977

9 state decisions

Relies on 168 So. 2d 177 - Foy v. Fleming

Good law ✅— No negative treatment on recordhow we know

Decided 1967-02-02

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PER CURIAM.

¶1Dennis Peterson and Norma Peterson, his wife, defendants, appeal a judgment entered upon a jury verdict in an action for gross negligence brought against them by Ruby Wheelus and Crowell Wheelus, her husband, plaintiffs.

¶2The sole question presented on appeal is whether there is sufficient evidence to support the jury’s verdict finding the defendants grossly negligent. Where the line separating simple and gross negligence is indistinct, the proper course is to leave the question to be decided by the jury. Foy v. Fleming, Fla.App.1964, 168 So.2d 177. A careful consideration of the record on appeal and the briefs of counsel reveals conflicts in the testimony. There is sufficient evidence to support the jury’s verdict finding defendants grossly negligent.

¶3Affirmed.

ANDREWS, Acting C. J., CROSS, J., and BARNS, PAUL D., Associate Judge, concur.
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