Wallace v. Yarbrough

I respectfully dissent from Division 2 of the majority opinion in this case. This court has consistently held that an automobile accident involving a rear-end collision is not automatically the fault of the driver of the following car. Hay v. Carter, 94 Ga. App. 382 (94 SE2d 755) (1956); Glaze v. Bailey, 130 Ga. App. 189 (2), 190 (202 SE2d 708) (1973). Further, in Brown v. Nutter, 125 Ga. App. 449, 450 (4) (188 SE2d 133) (1972) we held that where there was evidence that a car in which plaintiff was riding came to a sudden stop and testimony that one who attempts to stop within two car lengths…