KENNETH DENVER DARR, APPELLANT,
v.
JOHNNIE AGLIN ET AL., APPELLEES
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In this negligence action arising from a rear-end collision on Interstate 10, the trial court granted post-trial directed verdicts for the plaintiff despite a jury verdict in favor of the defendant-truck driver. The appellate court reversed, holding that the evidence supported the jury's finding that the front-end loader operator's slow speed (25 mph) on a highway with a 40 mph minimum, combined with lack of warning signs, constituted negligence that the truck driver's actions did not overcome.
The appellate court held that the evidence, viewed in light most favorable to the jury verdict, did not support the trial court's post-trial directed verdict. The presumption of negligence arising from a rear-end collision creates only a prima facie case that shifts the burden to the defendant to rebut it, which Darr satisfied through evidence of the loader operator's unreasonably slow speed on an interstate highway without warning signals. The jury reasonably could find the loader operator negligent for operating at 25 mph in a lane designed for 40+ mph traffic.
[1] A presumption of negligence arising from a rear-end collision is prima facie and can be rebutted by evidence showing the collision was not the following driver's fault.
[2] Operating a slow-moving vehicle in a traffic lane of an interstate highway without warning signals may constitute negligence.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the elementary test for a directed verdict is that the party who so moves admits not only the facts proved by the evidence adduced, but also admits every conclusion favorable to the adverse party that the jury might fairly and reasonably infer from the evidence.”
Establishes the legal standard for directed verdicts—moving party must concede all evidence and reasonable inferences supporting the verdict.
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Join FLexlaw to unlock all legal intelligenceA heavy truck operated by Kenneth Darr collided with a front-end loader driven by Johnnie Aglin on Interstate 10. Darr was traveling at 50-60 mph (wit…
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This is a negligence action arising out of a collision on Interstate 10 between a truck owned and operated by appellant Kenneth Darr and a front-end loader owned by Pensacola Concrete Company and driven by appellee Johnnie Aglin.1 A complaint was filed by Aglin and Pensacola Concrete Company against Darr and the lessor of his truck, Pan American Van Lines. Defendants denied any negligence in their answer and filed a counterclaim alleging negligence on the part of appellee Aglin. After all evidence was adduced, the trial judge denied motions for directed verdict made by both parties and submitted the issues to a jury. The jury’s verdict found for defendant-appellant Kenneth Darr as to the *63claims of Mr. and Mrs. Aglin and Pensacola Concrete Company and in favor of appellant Darr on his counterclaim against Aglin and Pensacola Concrete Co. in the sum of $6,415.86. Pursuant to motions for judgment in accordance with motions for directed verdict and for new trial made respectively by Aglin and Pensacola Concrete, the trial judge granted their motions for directed verdict; set aside the jury’s verdict and judgment and denied appellee’s motion for new trial on the remaining issues. Appellant Darr now appeals the trial court’s post trial judgment, and Aglin and Pensacola Concrete Co. cross assign as error the trial court’s denial of their motion.
The elementary test for a directed verdict is that the party who so moves admits not only the facts proved by the evidence adduced, but also admits every conclusion favorable to the adverse party that the jury might fairly and reasonably infer from the evidence.2
In the case at bar, the evidence construed in a light most favorable to the jury’s verdict does not support the post trial judgment entered by the trial judge. Appellee Aglin voluntarily drove his slow moving vehicle on this arterial highway occupying a traffic lane with a lawful minimum speed of forty miles per hour. According to Aglin’s testimony, he was traveling at the rate of twenty-five miles per hour at the time of the accident and had no warning flags or signs on his vehicle that would alert a following motorist as to his “tortoise” pace. Appellant Darr testified' that he was operating his tractor-trailer unit, weighing some 58,000 pounds, at a speed of 50 to 60 miles per hour (within the lawful speed limit), and as he approached a grade, he saw the outline of the top of the front-end loader approximately a thousand feet ahead and assumed that the front-end loader was a piece of machinery being transported on a low-boy. After topping the hill, appellant Darr first realized that the front-end loader was being driven by appellee Aglin at a slow rate of speed in the right traveling lane of the interstate highway and that he had to take immediate action to avoid a collision. As soon as he realized that he was gaining on the front-end loader, appellant Darr started applying brakes and slowing down. Darr was fearful that a full emergency stop would result in jackknifing the trailer and causing a chain reaction collision of vehicles following his unit in excess of the 40 miles per hour minimum speed, or that if an emergency stop was successful without jackknifing the same result would occur. In his own words, Darr stated:
“I didn’t have too much time to decide what was the right thing to do. I know I had to do something. I had traffic on my rear bumper. I had traffic on my left side—
“I slowed down all I figured I could without causing another accident . . That car that was right on my rear end . . . . Close enough behind me, sir, that when the impact of this accident happened they ran two other cars together right on the rear end of this trailer.”
Appellee Aglin insists that the physical evidence and other evidence submitted by him proves without any contradiction that appellant Darr was guilty of negligence as a matter of law, and that under his theory of the case, the trial judge should have granted him a new trial. Appellee also hypothesized that since a presumption of negligence arises from the fact that a following vehicle strikes a vehicle traveling in the same direction ahead of it, whether the forward vehicle be stopped or traveling forward, that Darr was guilty of negligence as a matter of law.3
*64The authorities cited by appellee Aglin are sound when viewed in the .light of the factual situations revealed in each case. However, the presumption of negligence which arises upon proof of a rear end collision only provides a prima facie case which shifts to the other party the burden of going forward with the evidence to contradict or rebut the fact presumed.4 Darr, as the evidence reveals, far exceeded the burden cast upon him.
Interstate highways were designed and constructed for moving motor vehicles at a relative high rate of speed. Upon such facts as here reviewed, the jury was free to find, as it apparently did: 1) that appellee Aglin “had no business” operating a front-end loader at the rate of twenty-five miles per hour in an interstate lane of traffic designed and constructed for the movement of traffic at a rate of speed not less than forty miles per hour; 2) that an emergency lane is provided on this network of expressways for the purpose of providing a space for vehicles to move out of the express lanes, which appellee Aglin failed to utilize after placing himself and other traffic in a perilous position by his voluntary action; 3) that a motorist, operating in compliance with the speed mínimums on interstate highways, may well assume that other vehicular traffic, absent construction warnings or “slow moving vehicle” signs 5 is traveling in conformance with the laws of Florida, and thus “reaction time” is lengthened; and 4) that appellant Darr was confronted with a sudden emergency and reacted in a prudent manner under the circumstances.
The trial judge correctly denied appellee Aglin’s motion for a directed verdict prior to submitting the cause to the jury. The post judgment order directing a verdict m favor of appellee Aglin is contrary to the evidence and thus must be set aside. The judgment appealed is reversed with directions to reinstate the jury verdict in favor of appellant Darr. In view of our conclusion, other points posed are without merit.
Reversed and remanded.
CARROLL, DONALD K., Acting C. J., and WIGGINTON, J., concur.
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Gertrude Tozier v. Jarvis, 469 So. 2d 884 (Fla. 4th DCA 1985)…iver of the stopped vehicle had improperly stopped to pick up fallen debris on the expressway, the presumption was overcome as a defense against the rearending plaintiff. See also Catir v. Roberson, 423 So. 2d 454 (Fla. 1st DCA 1982); Darr v. Aglin, 279 So. 2d 62 (Fla. 1st DCA 1973). Although numerous cases have held the presumption to be rebutted by appropriate testimony, another line of cases has defined the type of evidence that is insufficient to overcome the presumption. In Kimenker v. Greater Miami C…
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Levine v. Frank, 311 So. 2d 708 (Fla. 3d DCA 1975)…On motion for directed verdict, the moving party admits all facts proved by the. evidence adduced and every conclusion favorable to the non-moving party that the jury might fairly and reasonably infer from the evidence. Darr v. Aglin, Fla.App. 1973, 279 So. 2d 62. The evidence must be considered in a light most favorable to the nonmoving party. Seigel v. Mt. Sinai Hospital of Greater Miami, Inc., Fla.App.1971, 250 So. 2d 332. In considering a defendant’s motion for directed verdict at the close of the plaint…
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Amoedo v. Socarras, 311 So. 2d 830 (Fla. 3d DCA 1975)…d a novation by virtue of the substitution of a second agreement which the defendant breached. The following facts appear in this record and must be taken as admitted upon defendant’s motion for a directed verdict. See Darr v. Aglin, Fla.App. 1973, 279 So. 2d 62. The note sued upon was made and delivered for good consideration on April 26, 1965. The defendant guaranteed the note as a co-maker on October 1965. The plaintiff later notified defendant that in default of any payment, he would call the note for p…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pensacola Transit Co., Inc. v. Denton, 119 So. 2d 296 (Fla. 1st DCA 1960)
- Ralph Johnson et ux. v. Edwin L, 168 So. 2d 140 (Fla. 1964)
- Ben's Seltzer, Inc. v. Markey, 254 So. 2d 377 (Fla. 3d DCA 1971)
- Holden v. DYE, 224 So. 2d 350 (Fla. 1st DCA 1969)
- Baker v. Stolley, 155 So. 2d 809 (Fla. 1st DCA 1963)
- Frazier v. Ross, 225 So. 2d 451 (Fla. 4th DCA 1969)
- Knabb v. Tompkins, 254 So. 2d 858 (Fla. 1st DCA 1971)
- Alterman Transp. Lines, Inc. v. McCAHON, 168 So. 2d 707 (Fla. 3d DCA 1964)