Ms. Roos was the passenger on a motorcycle involved in a crash with an SUV in which Mr. Morrison was a passenger. She was injured when the SUV backed up and collided with the motorcycle. She sued Mr. Morrison, alleging he had either volunteered or agreed to tell the driver of the SUV if he had room to back up. The trial court dismissed the lawsuit but the First District Court of Appeal overturned that ruling. Mr. Morrison has challenged the decision of the 1st DCA decision in this appeal.