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YOUNG v. BOYLE

No. 76-1060.

340 So.2d 939 (1976)

Janet Marie YOUNG et al., Appellants, v. Dale A. BOYLE and Anabelle L. Boyle, Appellees.

District Court of Appeal of Florida, Fourth District.

November 19, 1976.

Attorney(s) appearing for the Case

Edna L. Caruso, of D'Aiuto, Dean, Anderson, Morgan, Ringers & Walker, Orlando, for appellants.

James A. Sisserson of Nance & Cacciatore, Melbourne, for appellees.

PER CURIAM.

Upon review of the briefs and record in this cause we are of the opinion that the learned trial court erred in entering a partial summary judgment against the defendants on the issue of liability. See DeCleir v. Clark, 269 So.2d 691 (Fla. 4th DCA 1972). As pointed out in DeCleir, supra, whether the defendant driver's explanation is sufficient to overcome the presumption of negligence (where the defendant...

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