11/26/12
The Florida Supreme Court has ruled last Wednesday that the second driver is not automatically at fault in case of rear-end collisions and juries should be allowed to compare the negligence of each driver regardless of the status or identity of the plaintiff. The decision put to rest a conflict between appellate courts on the issue with the Seminole County attributing comparative negligence, while Palm Beach County holding the second driver to be automatically and solely at fault.
In the instant case, Keri Ann Rideout, the first driver, was on her cell phone when the driver suddenly slammed on the brakes and rear-ended the car in front. Cevallos, the plaintiff was about four car lengths behind Rideout and had slowed her vehicle, but failed to stop in time to avoid rear-ending Rideout's car. The trial judge had ruled against Cevallos, and its judgment had been upheld by the 4
th District Court of Appeal in West Palm Beach, holding Cevallos solely at fault.
However, the Florida Supreme Court, unanimously overturned that decision. Writing for the court, Justice Jorge Labarga observed, “The facts introduced into evidence at trial provided sufficient basis for the jury to conclude that the defendant failed to use ordinary care in operating her vehicle, and that this failure was at least one of the proximate causes of the collision.”
Under Florida's law, regardless of the status of the plaintiff, in cases of comparative negligence, juries can apportion both blame and consequent damages. While there is a Florida statute that presumes the second driver to be negligent in case of rear-end collisions, the Supreme Court said that the parties to a lawsuit had the liberty to present evidence for overcoming that presumption.
