Welch v. Thomas

The Court of Appeal has erred as a matter of law in the instant case, 263 So.2d 427. The facts as found by that court are that Miss Susan F. Lee stopped her car suddenly without any warning because a dead cat lay ahead in her lane of traffic. The plaintiff Mrs. Linda Fay Welch, in the car immediately following three to five lengths to the rear at 35 miles per hour, was able “with difficulty” to stop her vehicle and avoid collision with the Lee car. After a brief moment of silence plaintiff’s vehicle was rear-ended by a third vehicle which she had noticed moments before coming up fast behind…