Issue of Fact Defeats Presumption of Negligence In Rear End Collision Car Accident
On May 6, 2011, the 2nd District Court of Appeals held that it was error to enter summary judgment in favor of defendant, whose vehicle was rear-ended by vehicle driven by plaintiff, based on presumption that plaintiff, the following driver, was negligent where there were disputed issues of material fact as to whether defendant may have been negligent when he pulled onto the roadway into merge lane and then moved into righthand lane before plaintiff's truck
rear-ended him. Furthermore, the Court reasoned that even if plaintiff could not overcome the presumption of his own negligence, evidence that lead driver may have been negligent as well presents jury issues of shared liability and apportionment of damages.
McGill v. Perez, 36 Fla.L.Weekly D966a (May 6, 2011 Fla. 2d DCA)