GWENDOLYN KAO AND YUAN KAO, HER HUSBAND, APPELLANTS,
v.
LUIS J. LAUREDO, APPELLEE
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The trial court erred in denying the plaintiffs' motion for a directed verdict on the issue of the defendant's liability in a rear-end collision case.
[1] In a rear-end collision, there is a presumption of negligence on the part of the rear driver.
[2] A rear driver may rebut the presumption of negligence by producing evidence that fairly and reasonably shows they were not negligent.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff stopped her vehicle in heavy, stop-and-go traffic, and the defendant rear-ended her, causing a chain reaction. The defendant testified h…
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PER CURIAM.
Gwendolyn Kao, the plaintiff below, braked because the vehicle in front of her was quickly stopping. Her vehicle skidded, but she was able to stop without hitting the vehicle in front of her. After her vehicle stopped, it was still lawfully situated on the southbound lane. After successfully stopping her vehicle, the defendant rear-ended Gwendolyn’s vehicle. This caused her vehicle to strike the vehicle in front of her, which then caused that vehicle to strike the vehicle in front of it.
The accident took place on a southbound lane of LeJeune Road at approximately 5:40 p.m. in heavy stop and go traffic on a rainy day. The defendant testified that prior to the accident, he had been following Gwendolyn for approximately one and one half blocks (1½), that he was not going more than 20-30 miles per hour due to the driving conditions, that he was driving more cautiously than normal due to the rain, that Gwendolyn stopped abruptly and that he was not expecting such an abrupt stop, and that if the pavement would have been dry, he would have had plenty of room to stop.1 Moreover, the defendant testified that immediately before the accident he had already started to brake because he saw a lady and a dog run across the northbound lanes out of his “quasi-peripheral vision.”
The plaintiffs, Gwendolyn and her husband, moved for a directed verdict as to the defendant’s liability arguing that there is a presumption of negligence in a rear-end collision. The defendant argued that the presumption had been rebutted with testimony that indicated that Gwendolyn stopped in an abrupt manner. The trial court denied the motion.
The plaintiffs also moved for a directed verdict on the issue of Gwendolyn’s comparative negligence arguing that there was no evidence that she acted carelessly or negligently. The trial court denied the motion. The plaintiffs also requested that the jury be instructed on the presumption of negligence in a rear-end collision. The trial court denied the request.
The jury returned a verdict finding that the defendant was not negligent. The plaintiffs filed a motion for judgment notwithstanding the verdict, a renewed motion for directed verdict and a motion for new trial. The motions were denied. This appeal follows.
The plaintiffs argue that the trial court erred in denying their renewed motion for directed verdict. We agree.
In a rear-end collision, there is a presumption of negligence on the part of the rear driver. The defendant, however, may rebut this presumption by “pro- duc[ing] evidence that fairly and reasonably shows that he was not negligent.” Pierce v. Progressive Am. Ins. Co., 582 So. 2d 712 (Fla. 5th DCA), review denied, 591 So. 2d 183 (Fla.1991) (citing Baughman v. Vann, 390 So. 2d 750 (Fla. 5th DCA 1980)). “[Affirmative testimony of a sudden and unexpected stop ... is sufficient evidence to rebut the presumption.” Liriano v. Gonzalez, 605 So. 2d 575 (Fla. 3d DCA 1992) (emphasis supplied). “It is not merely an ‘abrupt stop’ by a preceding vehicle (if it is in its proper place on the highway) that rebuts or dissipates the presumption that the negligence of the rear driver was the sole proximate cause of a rear-end collision. It is a sudden stop by the preceding driver at a time and place where it could not reasonably be expected by the following driver that creates the factual issue.” Pierce, 582 So. 2d at 714 (emphasis added).
In the instant case, the defendant testified that he was driving in a careful manner, but that the plaintiff stopped in an abrupt manner, and that therefore, Gwendolyn caused the accident. The defendant’s version of the collision is not sufficient to rebut or dissipate the presumption that his negligence was the sole proximate cause of the accident. Under the circumstances of this case, Gwendolyn’s sudden stop happened at a place and time where it was reasonably expected — on a heavily congested city street during rush hour in stop and go traffic. Accordingly, we find that the trial court erred in denying the plaintiffs’ renewed motion for directed verdict.
In light of our disposition on the above issue, it is unnecessary to reach the remaining points raised by the plaintiffs on appeal.
Accordingly, the judgment for the defendant is reversed and the cause is remanded with directions to enter an order granting the plaintiffs’ motion for directed verdict upon the issue of liability and for a trial solely on the issue of damages.
. The fact that it was raining is not sufficient to rebut the presumption of negligence. See generally § 316.185, Fla.Stat. (1991).
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Eppler v. Tarmac Am., Inc., 752 So. 2d 592 (Fla. 2000)…ce v. Progressive Am. Ins. Co., 582 So. 2d 712, 714 (Fla. 5th DCA 1991) (“As a matter of law, it is not a substantial and reasonable explanation by Pierce to merely say that the vehicles ahead of him ... stopped abruptly.”); see also Kao v. Lauredo, 617 So. 2d 775, 777 (Fla. 3d DCA 1993) (”[T]he defendant testified that he was driving in a careful manner, but that plaintiff stopped in an abrupt manner_ The defendant’s version of the collision is not sufficient to rebut or dissipate the presumption that his ne…1 / 4
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Tacher v. Asmus, 743 So. 2d 157 (Fla. 3d DCA 1999)…ncluding our own) have found that the presumption cannot be rebutted if the stop happened at a place and time where it was reasonably expected. See Pierce v. Progressive Am. Ins. Co., 582 So. 2d 712, 714 (Fla. 5th DCA 1991); see also Kao v. Lauredo, 617 So. 2d 775, 777 (Fla. 3d DCA 1993); Tozier v. Jarvis, 469 So. 2d 884, 888 (Fla. 4th DCA 1985); but compare Eppler v. Tarmac Am., Inc., 695 So. 2d 775 (Fla. 1st DCA 1997)(the defendants testimony of a sudden and unexpected stop of the preceding driver at an int…
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Eppler v. Tarmac Am., Inc., 695 So. 2d 775 (Fla. 1st DCA 1997)…of appellee. Appellant asserts that our decision conflicts with Tozier v. Jarvis, 469 So. 2d 884 (Fla. 4th DCA 1985); Pierce v. Progressive American Ins. Co., 582 So. 2d 712 (Fla. 5th DCA), rev. denied, 591 So. 2d 183 (Fla.1991); and Kao v. Lauredo, 617 So. 2d 775 (Fla. 3d DCA 1993). In Tozier v. Jarvis, the court found that the defendant’s explanation that he was looking into his rearview mirror, coupled with his speculation that plaintiff was backing out onto the roadway rather than turning into a driveway…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pierce v. Progressive Am. Ins. Co., 582 So. 2d 712 (Fla. 5th DCA 1991)
- Baughman v. Vann, 390 So. 2d 750 (Fla. 5th DCA 1980)
- Ulyses Liriano v. Gonzalez, 605 So. 2d 575 (Fla. 3d DCA 1992)