Legal Opinion

Birge v. Charron

Supreme Court of Florida

Decided November 21, 2012No. SC10-1755PublishedCited by 26 opinions

1Opinion of the CourtLabarga, J.

We have for review Charron v. Birge, 37 So.3d 292 (Fla. 5th DCA 2010), a case in which the Fifth District Court of Appeal certified, by separate order, conflict with the Fourth District’s decision in Cevallos v. Rideout, 18 So.3d 661 (Fla. 4th DCA *3532009).1 The certified conflict involves the interaction of Florida’s comparative negligence system of tort recovery and a rebut-table presumption that has been imposed by Florida decisional law in rear-end motor vehicle collision cases. We have jurisdiction. See, Art. V, § 3(b)(4), Fla. Const. We hold consistent with the Fifth District’s…

2Cases cited21 opinions

  1. Hoffman v. JonesSupreme Court of Florida · 1973
  2. McCain v. Florida Power CorporationSupreme Court of Florida · 1992
  3. Moore v. MorrisSupreme Court of Florida · 1985
  4. West v. Caterpillar Tractor Company, Inc.Supreme Court of Florida · 1976
  5. Fabre v. MarinSupreme Court of Florida · 1993

16 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. FRED MEYERS AND NINIBETH MEYERS v. BONNEVA SHONTZDistrict Court of Appeal of Florida · 2018
  2. In Re STANDARD JURY INSTRUCTIONS IN CIVIL CASES—REPORT NO. 13-01 (PRODUCTS LIABILITY)Supreme Court of Florida · 2015
  3. Cevallos v. RideoutSupreme Court of Florida · 2012
  4. Sewell v. Racetrac Petroleum, Inc.District Court of Appeal of Florida · 2017
  5. Restal v. NoceraDistrict Court of Appeal of Florida · 2019

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API