Fifth District Court of Appeal finds no basis for jury’s finding of 30 percent comparative fault in rear-end accident.

In this personal injury action, the plaintiff sustained injuries as a result of a rear-end accident while he was waiting for traffic to clear to make a left turn. On appeal, the plaintiff challenged the jury’s finding that he was 30 percent at fault for the accident. The Fifth District Court of Appeal agreed and reversed, finding that the defendant had failed to meet his burden of rebutting the presumption under Florida law of rear-driver negligence.

_{Case Law Alerts, 4^th Quarter, October 2015}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}