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ALFORD v. COOL CARGO CARRIERS, INC.

No. 5D05-1646.

936 So.2d 646 (2006)

Joe ALFORD, Appellant, v. COOL CARGO CARRIERS, INC., Ta Saphan, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 28, 2006.

Attorney(s) appearing for the Case

Beth M. Gordon, of Parrillo, Weiss & O'Halloran, Boca Raton, for Appellant.

E.T. Fernandez, III and Tiffani C. Audilett, of Inman & Fernandez, P.A., Jacksonville, for Appellees.

SAWAYA, J.

When two motor vehicles collide in Florida and one is struck in the rear, a presumption arises that the individual driving the rear vehicle was negligent. The question here is whether that presumption applies in instances where the lead vehicle — the one struck in the rear—crosses over into the lane of the other vehicle just before the collision occurs. Joe Alford, a passenger in the lead vehicle...

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