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METROPOLITAN DADE COUNTY v. ESPINOSA

No. 76-613.

344 So.2d 1290 (1977)

METROPOLITAN DADE COUNTY TRANSIT AUTHORITY and Robert Hamlett, Appellants, v. Rafael ESPINOSA and Nona Espinosa, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 11, 1977.

Attorney(s) appearing for the Case

Wicker, Smith, Blomqvist, Davant, McMath & O'Hara and Richard A. Sherman, Miami, for appellants.

Horton, Perse & Ginsberg, Brumer, Moss, Cohen & Rodgers, Miami, for appellees.

Before PEARSON, BARKDULL and NATHAN, JJ.

PER CURIAM.

Since 1964 (in Florida) a jury has had a right to find that a driver who rear-ends a vehicle is free from negligence. Stark v. Vasquez, 168 So.2d 140 (Fla. 1964). This was true when our courts operated under the doctrine of contributory negligence and a plaintiff's negligence was a complete defense. It is likewise true today, when cases are tried on issues of comparative negligence. City of St. Petersburg v...

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