DAVID W. CLEMENTS, PETITIONER,

v.

MAULE INDUSTRIES, INC., ET AL., RESPONDENTS

Citator

Cited By

• Gertrude Tozier v. Jarvis, 469 So. 2d 884 (Fla. 4th DCA 1985)
  …t 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 defense, but it was held to be rebutted by plaintiff…
• Ulyses Liriano v. Gonzalez, 605 So. 2d 575 (Fla. 3d DCA 1992)
  …st DCA 1972), cert. denied, 275 So. 2d 14 (Fla.1973) (presumption rebutted where defendant driver of a bus improperly stopped on an expressway to pick up fallen debris); Ben’s Seltzer, Inc. v. Markey, 254 So. 2d 877 (Fla. 3d DCA 1971), cert. denied, 261 So. 2d 176 (Fla.1972) (presumption rebutted where plaintiff presented evidence that defendant was improperly stopped on a bridge). Section 316.194(1), Florida Statutes (1991) provides in pertinent part: (1) Upon any highway outside of a municipality, no pers…
• Dep't OF Hwy. Safety & Motor Vehicles v. Faryd A. Saleme, 963 So. 2d 969 (Fla. 3d DCA 2007)
  …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 ANALYSIS The FHP asserts that the trial court erred in denying its motion for a directed verdict and its post-trial motion for a JNOV because Sáleme failed to pres…