PURLEY L. BOGGS, APPELLANT,
v.
JACK J. GULLE, WINSTON WARNER, JR. AND JOHN W. BARRETT, A/K/A JACK BARRY, APPELLEES

Fla. 3d DCA | 1964-03-03
No. 63-490
Before BARKDULL, C. J., CARROLL, J., and DUVAL, HARVIE S., Associate Judge.
162 So. 2d 286 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 3 cases

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Synopsis

Boggs was injured when his stopped vehicle was struck from behind in a four-car chain-reaction collision. The defendants claimed unavoidable brake failure, but the appellate court reversed the jury verdict for the defendants, holding that their brake-failure explanation was insufficient to rebut the presumption of negligence arising from a rear-end collision.


Holding

The defendants' brake-failure explanation was insufficient to rebut the presumption of negligence. The trial court erred in failing to direct a verdict on liability in favor of the plaintiff because even if the brakes had functioned, Warner could not have stopped his truck given his speed (15 mph) and distance (15 feet) from the vehicle ahead.


Key Quotes

“the explanation given by the defendants, as to how the accident occurred, was not sufficient to rebut the presumption of negligence and that the trial court erred in failing to direct a verdict at the close of all the evidence”

Statement of the court's holding on the principal issue regarding whether brake failure could overcome the presumption of negligence in a rear-end collision

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Facts & Procedural History

Four vehicles were stopped at a traffic light. The defendant Warner's truck, with brake failure allegedly occurring, struck the rear of Barrett's vehi…

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Opinion of the Court
BARKDULL, Chief Judge.

BARKDULL, Chief Judge.

The appellant brought an action in the trial court seeking to recover damages for a personal injury, allegedly received when the vehicle in which he was riding [which had come to a stop at a traffic light] was struck from the rear in a four-car accident. The driver of the first car was not a party to the action in the trial court. The second vehicle was occupied and driven by the appellant herein. The third vehicle was owned by the appellee, John W. Barrett, a/k/a Jack Barry. The fourth vehicle was driven by the appellee, Winston Warner, Jr., and owned by the appellee, Jack J. Guile.

The first, second and third vehicles were stopped when the fourth vehicle, driven by Warner, ran into the rear of the Barrett vehicle, knocking it into the rear of appellant’s vehicle, and knocking the appellant’s vehicle into the first car. The appel-lees, Warner and Guile, contended the accident was unavoidable due to brake failure on their truck. At the close of all the evidence, the trial court directed a verdict for Barrett and the cause went to the jury, which returned a verdict for the appellees, Warner and Guile. It is from the judgment entered pursuant to that verdict and the directed verdict that this appeal is taken.

The principal point relied upon by the appellant for reversal of the final judgment, was the failure of the trial court to direct a verdict in his favor as to liability at the conclusion of all the evidence, upon the basis that the defendants’ explanation of how the accident occurred was not substantial enough to rebut the presumption of negligence which arose from the rear end collision. See: Kimenker v. Greater Miami Car Rental, Inc., Fla.App.1959, 115 So.2d 191; Sheehan v. Allred, Fla.App. 1962, 146 So.2d 760. The appellees urge that the trial judge was correct in denying the directed verdict, upon the authority of Pensacola Transit Co. v. Denton, Fla.App.1960, 119 So.2d 296.

*288 We conclude that the explanation given by the defendants, as to how the accident occurred, was not sufficient to rebut the presumption of negligence and that the trial court erred in failing to direct a verdict at the close of all the evidence.1 The case of Pensacola Transit Co. v. Den-ton, supra, relied upon by the appellees, does not appear to be applicable in the case sub judice, even though it held that the testimony of the bus driver [that the bus failed to stop because its air brakes ■“simply did not function” when they worked after the accident] was sufficient to present a jury question as to whether or not the presumption of negligence was overcome. In the instant case, the testimony of the defendant, Warner [as reflected by his deposition, part of which was read into evidence], clearly showed that at the time he applied his brakes he was traveling at IS miles per hour and was only 15 feet from the Barrett vehicle. At that speed and distance he would have been unable to bring his vehicle to a halt prior to striking the Barrett vehicle, even if the brakes had held. This fact, coupled with the physical facts of the skid marks left by Warner’s vehicle and the workability of the brakes immediately after the accident, renders Warner’s uncorroborated testimony as to the brake failure insufficient to overcome the presumption of negligence, which arose because of the rear end collision.

Therefore, that portion of the final judgment in favor of the defendants, Winston Warner, Jr., and Jack J. Guile, is hereby reversed, and the cause is remanded to the trial court with directions to enter an order granting the plaintiff’s motion for directed verdict upon the issue of liability and granting the plaintiff’s motion for a new trial upon the issue of damages.

Reversed and remanded with directions.


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Citator

Cited By

  • Gulle v. Purley L. Boggs, 174 So. 2d 26 (Fla. 1965)
    …THORN AL, Justice. By petition for a writ of certiorari we :are requested to review a decision of a District Court of Appeal because of an alleged •conflict with a decision of another District Court of Appeal. See, Boggs v. Guile et al., 162 So. 2d 286. Our problem involves primarily the propriety of directing a verdict in an automobile rear-end collision situation. Respondent Boggs brought an action in the circuit court to recover damages for injuries received when his automobile was ■struck fr…
  • Baker v. Enid I. Deeks, 176 So. 2d 108 (Fla. 2d DCA 1965)
    …the judgment of the trial court,” and that the “explanation advanced by the defendant was not legally sufficient to affect the presumption of negligence.” They rely oh Vasquez v. Stark, Fla.App.1963, 155 So. 2d 905, and Boggs v. Gulle, Fla.App.1964, 162 So. 2d 286. Inasmuch as the plaintiffs failed to move for a directed verdict at the close of the defendant’s case, we cannot pass on the question. It is well settled that the sufficiency of the evidence is not reviewable on appeal unless a motion for a directe…
  • Riverside Towers, Inc. v. Riverside Dev. Corp., 310 So. 2d 44 (Fla. 4th DCA 1975)
    …n we are of the opinion that the trial court’s order permitting the filing of an amended answer and counterclaim seeking attorney’s fees some seven months after final judgment was an [*45] abuse of discretion, Aydelott v. Greenheart (Demerara) Inc., 162 So. 2d 286 (Fla.App.1964) ; see also Milgen Development, Inc. v. Goodman, 302 So. 2d 491 (Fla.App.1974). Accordingly, the order granting defend-antis motion for leave to file an amended answer and counterclaim for attorney’s fees is vacated and set aside. OWE…

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