Padilla v. Schwartz

Marcos Padilla appeals from a final summary judgment in favor of June Schwartz finding that his negligence caused the car accident from which this case arose. The court concluded that no genuine issue of material fact existed since Padilla failed to rebut the rebuttable presumption of negligence which, under Florida law, attaches to the rear driver in a rear-end collision. After careful review of the facts of this case, we reverse.

We review the trial court’s decision to grant summary judgment de novo. E.g., Ergas v. Universal Prop. & Cas. Ins. Co., 114 So.3d 286, 288 (Fla. 4th DCA 2013)…