Ironman v. Rhoades

Appellants appeal from a final judgment entered in favor of the defendants below. We reverse.

David Ironman and his wife Susan sued Karen Rhoades and her insurer for injuries David Ironman received as a passenger in a vehicle that was rear-ended by Rhoades. Defendants filed an answer to the complaint denying all material allegations and raising as affirmative defenses the negligence of the driver of the vehicle in which Ironman was a passenger, tort immunity under the Florida Automobile Reparations Reform Act, and the collateral source rule. The defendants did not raise “sudden brake failure”…