THE STATE OF FLORIDA, APPELLANT,

v.

DAVID HELMAN, APPELLEE

Citator

Cited By

• Pierce v. Progressive Am. Ins. Co., 582 So. 2d 712 (Fla. 5th DCA 1991)
  …Vann, 390 So. 2d 750 (Fla. 5th DCA 1980): When a leading vehicle is located within its proper place on the highway, proof of a rear-end collision raises a presumption of negligence on the part of the overtaking vehicle. Stephens v. Dichtenmueller, 207 So. 2d 718 (Fla. 4th DCA 1968); Rianhard v. Rice, 119 So. 2d 730 (Fla. 1st DCA 1960). This presumption provides a prima facie case which shifts to the defendant the burden to come forward with evidence to contradict or rebut the presumed negligence. If the def…
• Valerie v. Stephens, 216 So. 2d 448 (Fla. 1968)
  …PER CURIAM. We have for review on writ of certiorari the decision of the District Court of Appeal, Fourth District, in Stephens v. Dichtenmueller, 207 So. 2d 718. We will not restate the factual situation in the case nor the issues therein since they are fully delineated in the District Court opinion. It is our opinion that the trial court, with the District Court affirming, failed to apply the rationale o…
• Jefferies v. Amery Leasing, Inc., 698 So. 2d 368 (Fla. 5th DCA 1997)
  …come, the following driver’s claim would be barred. Under contributory negligence, a negligent plaintiff could not recover against a negligent defendant. See Shayne v. Saunders, 129 Fla. 355, 362, 176 So. 495, 498 (1937). Stephens v. Dichtenmueller, 207 So. 2d 718 (Fla. 4th DCA), quashed on other grounds, 216 So. 2d 448 (Fla.1968). Florida departed from the contributory negligence doctrine in 1973 in Hoffman v. Jones, 280 So. 2d 431 (Fla.1973). Since Hoffman, comparative negligence has allowed a jury to appo…

Authorities Cited

• State v. Talmadge A. Buchanan and David Shifrin, 207 So. 2d 711 (Fla. 3d DCA 1968)