METROPOLITAN DADE COUNTY TRANSIT AUTHORITY AND ROBERT HAMLETT, APPELLANTS,
v.
RAFAEL ESPINOSA AND NONA ESPINOSA, HIS WIFE, APPELLEES
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PER CURIAM.
Since 1964 (in Florida) a jury has had a right to find that a driver who rear-ends a vehicle is free from negligence. Stark v. Vasquez, 168 So. 2d 140 (Fla.1964). This was true when our courts operated under the doctrine of contributory negligence and a plaintiff’s negligence was a complete defense. It is likewise true today, when cases are tried on issues of comparative negligence. City of St. Petersburg v. Naden, 284 So. 2d 15 (Fla. 2nd D.C.A. 1973); Thompson v. Jacobs, 314 So. 2d 797 (Fla. 1st D.C.A. 1975); Petroleum Carrier Corporation v. Gates, 330 So. 2d 751 (Fla. 1st D.C.A. 1976).
Finding evidence in the record to support the jury’s verdict, no error has been made to appear. Vanzant v. Davies, 215 So. 2d 504 (Fla. 1st D.C.A. 1968); Community Cabs, Inc. v. Grissett, 284 So. 2d 707 (Fla. 1st D.C.A. 1973); Thompson v. Jacobs, supra. The final judgment is therefore affirmed.
Affirmed.
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Pierce v. Progressive Am. Ins. Co., 582 So. 2d 712 (Fla. 5th DCA 1991)…FIN, JJ., concur. . See Burroughs Corporation v. American Druggists’ Insurance Co., 450 So. 2d 540 (Fla. 2d DCA 1984); McCabe, Jr. v. Walt Disney World Co., 350 So. 2d 814 (Fla. 4th DCA 1977); Metropolitan Dade County Transit Authority v. Espinosa, 344 So. 2d 1290 (Fla. 3d DCA), cert. denied, 352 So. 2d 173 (Fla.1977). . See Rautbord v. Industrial Avenue Realties, Ltd., 356 So. 2d 1289 (Fla. 3d DCA 1978).…
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Berta Munceas v. Harris, 430 So. 2d 562 (Fla. 3d DCA 1983)…he presumption may be overcome by a reasonable explanation. Stark v. Vasquez, 168 So. 2d 140 (Fla.1964), approving, Pensacola Transit Co. v. Denton, 119 So. 2d 296 (Fla. 1st DCA 1960); see also Metropolitan Dade County Transit Authority v. Espinosa, 344 So. 2d 1290 (Fla. 3d DCA), cert. denied, 352 So. 2d 173 (Fla.1977). On the record before us, we hold that a factual dispute existed regarding the defendant driver’s explanation (i.e., brake failure) as to what caused the collision with the back of the plaintiff…
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Leibiski v. The Concord Fla., Inc., 358 So. 2d 1175 (Fla. 3d DCA 1978)…PER CURIAM. Affirmed. Stark v. Vazquez, 168 So. 2d 140 (Fla.1964); Metropolitan Dade County v. Espinosa, 344 So. 2d 1290 (Fla. 3d DCA 1977); Taylor v. Craig, 354 So. 2d 105 (Fla. 3d DCA 1978).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ralph Johnson et ux. v. Edwin L, 168 So. 2d 140 (Fla. 1964)
- Thompson v. Jacobs, 314 So. 2d 797 (Fla. 1st DCA 1975)
- Petroleum Carrier Corp. v. Gates, 330 So. 2d 751 (Fla. 1st DCA 1976)
- Elvia C. Vanzant v. Davies, 215 So. 2d 504 (Fla. 1st DCA 1968)
- Herman v. State, 284 So. 2d 15 (Fla. 3d DCA 1973)
- Cmty. Cabs, Inc. v. Grissett, 284 So. 2d 707 (Fla. 1st DCA 1973)