Smith v. Johnson

ON PETITION FOR REHEARING

MANN, Chief Judge.

The petition for rehearing, which looks like a precursor of what we would judge an ill-founded petition to the Supreme Court for conflict certiorari, prompts us to add this simple explanation of the cases with which we are allegedly in conflict.

In Booth v. Mary Carter Paint Co., Fla.App.2d 1966, 182 So.2d 292, there was sufficient evidence of negligence on the part of Mary Carter Paint Company’s driver, who stopped first on the pavement, arguably causing to stop the vehicle into which the plaintiff’s decedent crashed. A summary judgment for Mary…