Legal Opinion

O'Brien v. Francis

District Court of Appeal of Florida

Decided January 27, 1970No. 69-406PublishedCited by 4 opinions

1Per curiam

Appellant, defendant in the trial court, seeks review of an adverse final judgment subsequent to a directed verdict of liability as a result of a rear-end collision in a multiple car accident.

We conclude that the defendant’s explanation of how the accident occurred was sufficient to remove the presumption of negligence, which arose because of the nature of the accident. The issues presented by the plaintiffs’ complaint and the defendant’s answer should have been submitted to the jury, under the following authorities: Pensacola Transit Co. v. Den-ton, Fla.App.1960, 119 So.2d 296; Stark v.…

2Cases cited8 opinions

  1. Gulle v. BoggsSupreme Court of Florida · 1965
  2. Jackson v. Florida WeathermakersSupreme Court of Florida · 1951
  3. Pensacola Transit Co. v. DentonDistrict Court of Appeal of Florida · 1960
  4. Stark v. VasquezSupreme Court of Florida · 1964
  5. Mansell v. EidgeDistrict Court of Appeal of Florida · 1965

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

3Cited by4 opinions

  1. Wallace v. RashkowDistrict Court of Appeal of Florida · 1972
  2. Belcher v. First Nat. Bank of MiamiDistrict Court of Appeal of Florida · 1981
  3. North Shore Hospital v. MartinDistrict Court of Appeal of Florida · 1977
  4. Brodsky v. SmallDistrict Court of Appeal of Florida · 1977

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