BEN'S SELTZER, INC. AND JOHN LEE BROWN, APPELLANTS,
v.
WILLIAM T. MARKEY ET AL., APPELLEES
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The court held that the plaintiff's evidence was sufficient to raise a question of the defendant's negligence for the jury.
The plaintiff sued the defendants after colliding with the rear of their truck, which had stopped on a bridge to pick up dropped crates. The plaintiff…
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The appellee Markey sued the appellants, Ben’s Seltzer, Inc. and John Lee Brown for damages sustained in an automobile collision. He alleged that the appellants were the owners and operators of a truck which was improperly stopped in the roadway, that the appellant had stopped to pick up crates which had dropped onto the road, and that appellee’s automobile was unable' to avoid a collision with the stopped truck.
The facts revealed at trial were that defendant-appellant’s truck stopped on MacArthur Causeway on the lower portion of an arched bridge. Plaintiff-ap-pellee ran into the rear of defendant’s truck. Plaintiff-appellee presented evidence from which the jury could find that appellant’s truck was improperly stopped in a lane of traffic on the bridge and that appellee was unable to avoid the collision by the use of diligence.
Appellant’s defense consisted of a general denial under which they introduced evidence tending to show that the appellee did not have his vehicle under proper control. In this defense appellant was aided by the rule that in rear-end automobile collision cases the driver of the following car is presumed negligent.
On this appeal it is urged that the appellant-defendant’s evidence aided by the presumption is so strong that the court should have directed the verdict for the appellant as a matter of law. This argument presents a question of the sufficiency of the plaintiff’s evidence in the trial court. We have examined the record and find the evidence sufficient to raise a question of appellee’s negligence.
Affirmed.
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Gertrude Tozier v. Jarvis, 469 So. 2d 884 (Fla. 4th DCA 1985)…oss-over area of a divided six-lane road, and that at least three feet of the car was improperly protruding in her traffic lane. The defendant ultimately skidded on the wet pavement and collided with the plaintiff. In Ben’s Seltzer, Inc. v. Markey, 254 So. 2d 377 (Fla. 3d DCA 1971), cert. denied, 261 So. 2d 176 (Fla.1972), the plaintiff struck the defendant from behind, and brought suit based upon the premise that the defendant was improperly stopped on a bridge. The defendant raised the presumption as a def…
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Ry. Express Agency, Inc. v. Garland, 269 So. 2d 708 (Fla. 1st DCA 1972)…the latter has some basis in fact. Secondly, appellant contends that the deceased was guilty of contributory negligence as a matter of law in striking the rear of the bus. This question was answered in the negative in Ben’s Seltzer, Inc. v. Markey, 254 So. 2d 377 (Fla.App.1971). In Ben’s Seltzer, Inc., the court held that there was sufficient evidence of negligence to go to the jury even in light of the presumption that in rear-end automobile collision cases the driver of the following car is presumed contri…
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Dep't OF Hwy. Safety & Motor Vehicles v. Faryd A. Saleme, 963 So. 2d 969 (Fla. 3d DCA 2007)…. v. Garland, 269 So. 2d 708, 710 (Fla. 1st DCA 1972) (presumption rebutted where defendant, who was driving a bus, improperly stopped on an expressway to pick up fallen debris), cert. denied, 275 So. 2d 14 (Fla.1973); Ben’s Seltzer, Inc. v. Markey, 254 So. 2d 377, 378 (Fla. 3d DCA 1971) (presumption rebutted where plaintiff presented evidence that defendant was improperly stopped on a bridge), cert. denied, 261 So. 2d 176 (Fla.1972). See Liriano v. Gonzalez, 605 So. 2d 575, 576 (Fla. 3d DCA 1992). LEGAL AN…
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