JERRY L. LUBLINER AND BUDGET RENT-A-CAR OF MIAMI, INC., APPELLANTS,
v.
MARCIA GABRILOWITZ, APPELLEE
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PER CURIAM.
Based on the plaintiff’s confession of error filed in this cause, as well as our own independent review of the record herein, we conclude that the summary judgment on liability entered in favor of the plaintiff below must be reversed. The defendant’s affidavit filed in opposition to the plaintiff’s motion for summary judgment raises, in our view, a genuine issue of material fact as to whether the plaintiff stopped his vehicle so suddenly and without notice that the defendant as the operator of the following vehicle was not reasonably able to avoid the ensuing rear end collision. See Revellino v. Avis Rent-A-Car System, Inc., 229 So. 2d 896 (Fla. 3d DCA 1970); Pagan v. Holman, 195 So. 2d 606 (Fla. 4th DCA 1967). The summary judgment under review, accordingly, is reversed and the cause is remanded to the trial court for further proceedings.
Reversed and remanded.
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Lynch v. Adel D. Tennyson, 443 So. 2d 1017 (Fla. 5th DCA 1983)…some degree to the second impact by Lynch’s vehicle. See Bialek v. Lensen, 421 So. 2d 654 (Fla. 1st DCA 1982); Whitworth v. Cuchens, 397 So. 2d 357 (Fla. 1st DCA 1981); Chiles v. Beaudoin, 384 So. 2d 175 (Fla. 2d DCA 1980); Lubliner v. Gabrilowitz, 393 So. 2d 46 (Fla. 3d DCA 1981); Revellino v. Avis Rent-A-Car System, Inc., 229 So. 2d 896 (Fla. 3d DCA 1969); Pagan v. Holman, 195 So. 2d 606 (Fla. 4th DCA 1967). In respect to the summary judgment entered in favor of the City of Casselberry, no argument has b…
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Whitworth v. Cuchens, 397 So. 2d 357 (Fla. 1st DCA 1981)…onflicting testimony presented an issue of fact to be determined by the jury, and the court was therefore correct in denying appellant’s motion for directed verdict. See Chiles v. Beaudoin, 384 So. 2d 175 (Fla. 2d DCA 1980); Lubliner v. Gabrilowitz, 393 So. 2d 46 (Fla. 3d DCA 1981). In the case of Cowart v. Barnes, 370 So. 2d 103 (Fla. 1st DCA 1979), relied on by appellant, the plaintiff was lawfully stopped at a red light when struck by the defendant. The defendant testified he thought plaintiff was going…
Authorities Cited
- Maximus Pagan v. Holman, 195 So. 2d 606 (Fla. 4th DCA 1967)
- Revellino v. AVIS Rent-A-Car Sys., Inc., 229 So. 2d 896 (Fla. 3d DCA 1969)