MAE S. ALLEN, APPELLANT,
v.
R. D. GUAGLIARDO, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Mae Allen, a passenger in a car struck from behind at an intersection, appealed a jury verdict for the defendant driver, arguing the trial court should have granted her directed verdict motion on liability. The appellate court affirmed, finding the evidence presented conflicting accounts of the stop's suddenness and visibility of warning signs, making the negligence issue properly a jury question.
The court held that the evidence presented a jury question because there were multiple permissible inferences from the facts—the stop could reasonably be viewed as either normal or unexpectedly sudden depending on the speeds, distances, and number of vehicles involved—and thus the trial court properly denied the motion for directed verdict.
“While there are numerous circumstances from which the jury might reasonably have found that the collision was caused by the defendant's negligence, we do not agree that this was the only reasonable conclusion.”
Establishes the standard that directed verdict is improper when facts support multiple reasonable inferences, even if some point toward plaintiff's theory.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBoth vehicles were traveling north on Dale Mabry Highway at night. Gunn Highway merged from the right; the traffic rules at the intersection had recen…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sudden Emergency Doctrine cases and more on FLexlaw
Appellant, Plaintiff below, appeals a judgment entered on a jury verdict for Defendant, in an action growing out of an automobile collision, in which the Defendant struck the rear of a car in which appellant was a passenger. She assigns as error the refusal of her motion for a directed verdict on the issue of liability at the close of all the evidence and the denial of her subsequent motions based thereon.
A brief summary of the testimony shows both cars travelling in a northerly direction on Dale Mabry Highway. Gunn Highway merged with Dale Mabry from their right side. Sometime prior to the accident, Gunn had been the through highway and Dale Mabry had been the stop, or yield, highway. Prior to the accident, the two had been reversed, Dale Mabry becoming the through highway and Gunn becoming the yielding highway. Defendant was aware of the change, but Plaintiff’s driver was not. During the nighttime, Plaintiff’s driver, as she approached the intersection, stopped as she thought she was supposed to do. In addition to thinking she was supposed to stop, she testified she could clearly read a partially obliterated stop sign which had been painted on the surface of Dale Mabry. This was denied by Defendant and he presented testimony which tended to prove that such sign was totally obliterated and could not have been seen by the Plaintiff’s driver. Counsel on appeal also argued that Plain*350tiff’s driver had to stop in order to avoid a collision with a car approaching on Gunn. This, however, is not borne out by the testimony. While the testimony does show an approaching car, or cars, on Gunn, the Plaintiff’s driver testified that “it slowed, and then, of course, he saw me stop, and he went ahead”.
The speed limit on Dale Mabry was 55 mile's per hour, and, as previously stated, it was, at the time of the accident, a through highway at this point. The Defendant’s testimony, which the jury could have believed, was to the effect that he saw the brake lights on the leading car the instant the brakes were applied, that he immediately applied his brakes, that he was driving only 30 miles per hour, that he. was maintaining an adequate distance from the leading car for such speed, that “suddenly, the car in front of me stopped — ” (and again, “it happened so quick, and — there was Mrs. Hin-ners stopped so suddenly.”), and that he did everything he could reasonably have done to avoid the collision. The other driver and the Plaintiff both testified that the stop was a “normal” stop, and was not sudden.
In a case such as this, the language of the court in the case of Hott v. Funk, Fla.App., 165 So.2d 792 (certiorari denied, Fla., 170 So.2d 588) fits this case like the proverbial glove. The court there stated:
“The plaintiff contends that the collision occurred under circumstances giving rise to a presumption of negligence on the part of the defendant and that her explanation of it was legally insufficient to rebut this presumption.
“The case before us is a close one, as the trial judge recognized. While there are numerous circumstances from which the jury might reasonably have found that the collision was caused by the defendant’s negligence, we do not agree that this was the only reasonable conclusion. The first vehicle came to a stop at an unexpected place. While the driver of the English Ford testified that the first five cars came to ‘normal’ stops, he also testified that ‘it happened quickly.’ Considering the approximate speeds and distances which the parties described and the number of vehicles involved, the jury might reasonably have found that the defendant was confronted with an unexpected stop that was more sudden than described by this witness at a point some distance from the intersection. In short, the evidence gave rise to a. variety of permissible inferences and presented an issue of negligence for determination by a jury. * * * Accordingly, the plaintiff’s motions properly were denied.”
Affirmed.
ALLEN, Acting C. J., and HOBSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hott v. Funk, 165 So. 2d 792 (Fla. 2d DCA 1964)
- In re Maxcy's Estate, 170 So. 2d 588 (Fla. 1964)
- Rice v. Fremow, 170 So. 2d 588 (Fla. 1964)