EPPLER v. TARMAC AMERICA, INC.

No. 96-3518.

695 So.2d 775 (1997)

Sybil EPPLER, Appellant/Cross Appellee, v. TARMAC AMERICA, INC., Appellee/Cross Appellant.

District Court of Appeal of Florida, First District.

Opinion on Motion for Rehearing June 25, 1997.


Attorney(s) appearing for the Case

David R. Lewis of Foerster, Isaac & Yerkes, P.A., Jacksonville, for appellant.

Frank W. Hession of Matthews & Hession, Jacksonville, for appellee.


WOLF, Judge.

This appeal and cross appeal grew out of a traffic accident wherein appellant's vehicle was struck from the rear by a Tarmac cement mixer truck. We affirm the denial of appellant's motion for directed verdict and motion for new trial because Tarmac presented sufficient evidence to overcome the presumption of negligence that arises and attaches to the driver of a rear vehicle involved in a rear-end collision.1 We reverse the...

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