
    James T. HARRINGTON, Jr., Appellant, v. Edward J. OWSIAK and Margaret Owsiak, Appellees.
    No. 63-337.
    District Court of Appeal of Florida. Third District.
    Oct. 29, 1963.
    Rehearing Denied Nov. 14, 1963.
    Marchant, Perkins, Cook & Schenerlein, Miami, for appellant.
    Dean, Adams & Fischer and Jeanne Heyward, Miami, for appellees.
    Before CARROLL, TILLMAN PEARSON, and HENDRY, JJ.
   PER CURIAM.

Affirmed. See Oppenheimer v. Werner, Fla.1950, 46 So.2d 870. Compare McNulty v. Cusack, Fla.App.1958, 104 So.2d 785.

PEARSON, TILLMAN, Judge

(dissenting).

It is my view that the plaintiff was entitled to a directed verdict as to liability in that the explanation offered was not sufficient to raise the issue of unavoidable accident. See Kimenker v. Greater Miami Car Rental, Inc., Fla.App.1959, 115 So.2d 191.  