BUENO v. WORKMAN

No. 4D08-2838.

20 So.3d 993 (2009)

Claudia BUENO, Appellant, v. Ilene WORKMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

October 28, 2009.


Attorney(s) appearing for the Case

Diana L. Martin of Leopold~Kuvin, P.A., Palm Beach Gardens, and Joseph C. Schulz of Vastola, Schulz, Harvey & Crane, North Palm Beach, for appellant.

Julie A. Taylor of Julie A. Taylor & Associates, Fort Lauderdale, and Elizabeth Russo of Russo Appellate Firm, P.A., Miami, for appellee.


GERBER, J.

The circuit court dismissed the plaintiff's motor vehicle negligence action against the defendant. The court based its dismissal on the theories of estoppel, waiver, and election of remedies. Because the record does not support those theories, we reverse.

The plaintiff stopped her vehicle at an intersection, waiting for an ambulance to pass. Her minor son sat in the front passenger seat. The defendant's vehicle then rear-ended the plaintiff's vehicle...

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