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SPIVAK v. SHAW

No. 98-1408

725 So.2d 450 (1999)

Robert SPIVAK and Andrea Spivak, Appellants, v. Helen Treadwell SHAW, Appellee.

District Court of Appeal of Florida, Third District.

February 10, 1999.

Attorney(s) appearing for the Case

Dean A. Mitchell, Miami, for appellants.

Kubicki Draper and Angela C. Flowers, Miami, for appellee.

Before COPE, LEVY and SHEVIN, JJ.

PER CURIAM.

We affirm the judgment in the defendant's favor. Here, unlike the facts in Kao v. Lauredo, 617 So.2d 775, 777 (Fla. 3d DCA 1993), there was no testimony that the rear end collision occurred because the accident happened "at a place and time where [a sudden stop] was reasonably expected ...." The defendant, who was driving the rear vehicle, presented evidence that dissipated the presumption of negligence, and the...

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