Emergency Banner

Reversal of Final Judgment Due to Improper Summary Judgment on Liability in Auto Negligence Case

Angela Flowers, of the Ocala office, and Bretton Albrecht, of the Miami office, obtained a reversal of a Final Judgment on damages entered following a jury trial in an automobile negligence case. The appellate court agreed with Defendant that the trial court improperly granted summary judgment on liability, thereby depriving Defendant of his comparative negligence defense.

The decision clarifies the limitations of Florida’s existing common law rule imposing a rebuttable presumption of sole negligence on the driver of a rear-following vehicle involved in a rear-end collision. The court clarified that the presumption does not completely insulate a negligent lead driver from liability for comparative negligence as a matter of law. Rather, where issues of disputed fact exist regarding the lead driver’s fault, negligence and causation are jury questions. On remand, the case will be retried on the issues of both comparative negligence and damages.

Share Now:

Subscribe to our Newsletter

Subscribe to our Newsletter

Recent Posts

KD Celebrates Black History Month
These two attorneys took very different paths into the legal profession – one inspired by a twin brother, the other by a love for advocacy discovered while...
Join Us for Our Upcoming Complimentary Webinar- March 2025
CE opportunities continue online! We invite clients and other insurance professionals to join us for our upcoming complimentary webinar. For more information,...
Fourth DCA Affirms Denial of Attorney’s Fees Against FIGA
In Adele Rose Lormeus v. Florida Insurance Guaranty Association, Inc. No. 4D2024-0712 (Fla. 4th DCA January 30, 2025)—Caryn L. Bellus and Elizabeth Henriques,...

Search Results Will Show Here

Subscribe To Our Newsletter