DeCleir v. Clark

On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that the trial court erred in granting plaintiff’s motion for directed verdict on the issue of liability.

The driver of a vehicle which strikes the rear of another vehicle is presumed to be negligent and a plaintiff would be entitled to recover in absence of an explanation by the defendant. Guile v. Boggs, Fla.1965, 174 So.2d 26; Frazier v. Ross, Fla.App.1969, 225 So.2d 451. Whether the defendant driver’s explanation is sufficient to overcome the presumption of negligence is, in our view, under…