Shirey v. State Farm Mutual Automobile Insurance

This case came to us on remand from the Supreme Court following its decisions in Birge v. Charron, 107 So.3d 350 (Fla. 2012), and Cevallos v. Rideout, 107 So.3d 348 (Fla.2012). In those decisions, the court reversed precedent from this Court establishing a presumption of negligence on the part of a rear driver in a rear-end collision. Birge, 107 So.3d at 362; Cevallos, 107 So.3d 348. Although this case involved a rear-end collision and we applied the rear driver presumption in our previous opinion, we also noted that we would have affirmed even without the presumption. Shirey v. State Farm…