VIRGINIA FERRENTINO, APPELLANT,

v.

RICHARD SOUVIRON, APPELLEE

Citator

Cited By

• Hunter v. Ward, 812 So. 2d 601 (Fla. 1st DCA 2002)
  …CA 1985). The rear driver can rebut this presumption by presenting evidence that “fairly and reasonably tends to show” that the presumption of negligence is misplaced. See Gulle v. Boggs, 174 So. 2d 26 (Fla.1965); see also Waters v. [*603] Williams, 696 So. 2d 386 (Fla. 1st DCA 1997). The Florida Supreme Court has further clarified the presumption of negligence in rear-end collisions in two recent cases: Clampitt, 786 So. 2d at 570 and Eppler v. Tarmac America, Inc., 752 So. 2d 592 (Fla.2000). In Clampitt, t…
• D.J. Spencer Sales v. Colletta P. Clampitt, 704 So. 2d 601 (Fla. 1st DCA 1997)
  …ntered final judgment, awarding appellee damages in the amount of $842,997.00, to be paid by appellants. In rear-end collision cases, a rebutta-ble presumption of negligence arises and attaches to the driver of the rear vehicle. Waters v. Williams, 696 So. 2d 386 (Fla. 1st DCA 1997); Eppler v. Tarmac America, Inc., 695 So. 2d 775 (Fla. 1st DCA 1997); Davis v. Chips Express, Inc., 676 So. 2d 984, 986 (Fla. 1st DCA 1996); Johnson v. Deep South Crane Rentals, Inc., 634 So. 2d 1113, 1114 (Fla. 1st DCA 1994); Edw…

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• Murray v. Schreiner, 825 So. 2d 527 (Fla. 2d DCA 2002)
  …id of the presumption. At this point the entire matter should be deposited with the trier of facts to reconcile the conflicts and evaluate the credibility of the witnesses and the weight of the evidence. 174 So. 2d at 28-29. In Waters v. Williams, 696 So. 2d 386 (Fla. 1st DCA 1997), the defendant struck the rear of the plaintiffs car while the plaintiff was stopped at a light. The trial court directed a verdict in favor of the plaintiff. The First District reversed the order directing a verdict finding that…

Authorities Cited

• Carnival Leisure Indus. Ltd. v. Arviv, 655 So. 2d 177 (Fla. 3d DCA 1995)