JOSE GABRIEL MORAN AND INGRID MORAN, HIS WIFE, APPELLANTS,
v.
FLORIDA SECURITY ELECTRONICS, INC. AND DANIEL ALFONSO FRAGA, APPELLEES

Fla. 3d DCA | 2003-10-01
No. 3D01-2539
Before COPE, GODERICH and FLETCHER, JJ.
861 So. 2d 57 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 2 cases

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Synopsis

The Morans appealed a defense verdict in a rear-end collision case where their vehicle was struck from behind. The appellate court held that the rear-driver's rebuttable presumption of negligence was not rebutted by the 'unexpected stop' exception and granted a directed verdict for the plaintiffs, reversing the jury verdict and remanding for a damages trial.


Holding

The court held that a directed verdict should have been granted for the plaintiffs because the unexpected stop exception does not apply when a vehicle stops to make a left turn into a business on a street with businesses on both sides, and the rear driver's presumption of negligence was not rebutted by the defendant's subjective testimony that he did not expect such a turn.


Headnotes

[1] A rebuttable presumption of negligence attaches to the rear driver in a rear-end collision in Florida.

[2] The presumption of negligence in a rear-end collision is rebutted only when the preceding driver makes a sudden stop at a time and place where it could not reasonably be…

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Key Quotes

“There is a 'rebuttable presumption of negligence that attaches to the rear driver in a rear-end collision in Florida.'”

Establishes the foundational legal principle that rear drivers are presumed negligent unless they rebut the presumption

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Facts & Procedural History

Jose Moran's vehicle (number 2) stopped safely behind another vehicle (number 1) that had stopped to make a left turn into a business on a street with…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Jose and Ingrid Moran appeal a defense verdict in a rear-end collision case. We conclude that the Morans should have had a directed verdict in their favor, and remand for a trial on damages.

Jose Moran (vehicle number 2) was traveling southbound on Southwest 137 Avenue in Miami-Dade County when the car ahead of him (vehicle number 1) stopped to make a lefthand turn. There are businesses on both sides of the road. Plaintiff-appellant Moran (vehicle number 2) made a sudden stop behind vehicle number 1. Vehicle number 2 was struck from the rear by the vehicle owned by defendant-appel-lee Florida Security Electronics, Inc., and driven by defendant-appellee Daniel Fraga (vehicle number 3).

Plaintiff Moran brought suit against defendants Fraga and Florida Security.* The plaintiffs moved for a directed verdict at trial, which was denied. The jury returned a defense verdict and this appeal follows.

We conclude that a directed verdict should have been granted for the plaintiffs. The three cars were traveling southbound on a street which has businesses on both sides. Vehicle number 1 stopped in order to make a left turn into a business. Vehicle number 2 stopped safely behind vehicle number 1. Vehicle number 3 ran into vehicle number 2.

The Florida Supreme Court has explained that there is a “rebuttable presumption of negligence that attaches to the rear driver in a rear-end collision in Florida....” Clampitt v. D.J. Spencer Sales, 786 So. 2d 570, 572 (Fla.2001). This presumption can be rebutted, thus creating a jury issue, where there is “ ‘a sudden stop by the preceding driver at a time and place where it could not reasonably be expected by the following driver....’” Id at 574 (citation omitted).

The Clampitt “unexpected stop” exception does not apply here. The street passed through an area with businesses on each side. It could certainly be reasonably expected that a driver may make a left turn into one of the businesses located on that side of the street.

Fraga’s own self-serving and subjective testimony that he personally did not expect anyone to make a left turn at that point is immaterial. It is a reasonable person standard. Vehicles 1 and 2 stopped safely. The driver of vehicle number 3 clearly was negligent in running into them.

On cross-appeal, defendant-appellee Florida Security appeals the denial of a motion to tax attorney’s fees pursuant to section 768.79, Florida Statutes. In view of our reversal of the judgment, Florida Security is not entitled to attorney’s fees. We address the cross-appeal, however, because the issue may arise again later in this case.

Florida Security served an offer of judgment in the amount of $3,500.00 directed to “plaintiff(s), Jose Moran”. Neither plaintiff accepted the offer. After the defense verdict, a hearing was held on the motion. The trial court denied the motion, ruling that the offer was defective. We agree. The offer could be construed as a joint offer and failed to properly specify the amount attributable to each plaintiff. See Allstate Indem. Co. v. Hingson, 808 So. 2d 197, 198 (Fla.2002).

Reversed and remanded for a trial on damages.

*

Ingrid Moran made a claim for lack of consortium.


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Cited By

  • …actions, such action was appropriate. See Sorel v. Koonce, 53 So. 3d 1225, 1228 (Fla. 1st DCA 2011) (an arbitrary stop is one that is “irresponsible” as opposed to an “appropriate response to activity on the road”); Moran v. Fla. Sec. Elecs., Inc., 861 So. 2d 57, 58-59 (Fla. 3d DCA 2003) (concluding that a directed verdict should have been granted for the plaintiffs because the rear driver in a rear- [*622] end collision failed to rebut the presumption of negligence where it could be reasonably expected tha…

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