CEVALLOS v. RIDEOUT

No. 4D08-3042.

18 So.3d 661 (2009)

Maria CEVALLOS, Appellant, v. Keri Ann RIDEOUT and Linda Rideout, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 30, 2009.


Attorney(s) appearing for the Case

Allen R. Seaman of Seaman & Coven, P.A., West Palm Beach, for appellant.

Elizabeth K. Russo of Russo Appellate Firm, P.A., Miami, and Kirwan & Spellacy, P.A., Fort Lauderdale, for appellees.


MAY, J.

In an odd twist of an old rebuttable presumption, we are asked to determine if the trial court correctly applied the presumption of negligence against a rear-driver plaintiff in a rear-end collision to direct a verdict for the lead-driver defendant. The plaintiff argues that the trial court erred in its application of the presumption in directing the verdict. We disagree and affirm.

The accident occurred when a non-party attempted to avoid a disabled...

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