CRIME v. LOONEY

No. 1D20-1183.

328 So.3d 1157 (2021)

Christine Ann CRIME, Appellant, v. John LOONEY, Appellee.

District Court of Appeal of Florida, First District.

November 24, 2021.


Attorney(s) appearing for the Case

Matthew J. Conigliaro of Carlton Fields, P.A., Tampa; William C. Gula and Skyler B. Trettis of Vernis & Bowling of St. Petersburg, P.A., St. Petersburg; and Jeffrey A. Cohen and Paul L. Nettleton of Carlton Fields, Miami, for Appellant.

Rebecca Bowen Creed of Creed & Gowdy, P.A., Jacksonville; and Frank F. Fernandez of The Fernandez Firm, Tampa, for Appellee.


The trial court erred by interpreting the judicially created rear-end presumption in vehicle collision cases to defeat Appellant's claim of comparative fault. Because there was admissible evidence that Appellant was not the sole cause of the accident, the presumption should have "vanishe[d] and los[t] its legal effect." Birge v. Charron...

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