Roberts v. Braynon

Summary

The Florida Supreme Court considers whether an injured passenger was a guest subject to Florida's guest statute or instead participated in a joint enterprise. The court held that the undisputed facts supported application of the guest statute and affirmed summary judgment, but without prejudice to the plaintiff seeking leave to amend to allege gross negligence. The opinion also addresses the notice and procedural requirements for entering summary judgment following a pretrial conference.

Holdings

1. Roberts was a guest within the meaning of Florida Statutes section 320.59. Her social relationship with Braynon, lack of control over the vehicle, itinerary, or destination, and merely convenient role in caring for the children did not create the community of interest or joint control necessary to remove the trip from the guest statute.
2. A trial court may enter summary judgment on its own motion after a pretrial conference if the conference eliminates all factual issues and leaves only a legal issue, but the court must provide the same notice and preparation opportunity required for a party's summary-judgment motion.
3. The existing record did not conclusively preclude Roberts from proving gross negligence, because the evidence that Braynon's brakes failed, that she could not stop, and that she entered an intersection against a red light left open the possibility of a gross-negligence showing.

Questions Presented

1. Whether Roberts was a guest within the meaning of Florida's guest statute, such that she was required to plead and prove gross negligence rather than ordinary negligence.
2. Whether the circuit court could enter summary judgment on its own motion after a pretrial conference when the plaintiff had received less than ten days' notice and had not been given a reasonable opportunity to show that a genuine issue of material fact remained.
3. Whether the existing record conclusively negated any possibility that Roberts could establish gross negligence.

Disposition

affirmed