From Casetext: Smarter Legal Research

Beason v. Evans

District Court of Appeal of Florida, Third District
Apr 6, 1965
173 So. 2d 516 (Fla. Dist. Ct. App. 1965)

Opinion

No. 64-673.

April 6, 1965.

Appeal from the Circuit Court, Dade County, Francis J. Christie, J.

Fuller Brumer, Miami, for appellant.

Wolfson Diamond, Miami Beach, for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and HENDRY, JJ.


Plaintiff brought action seeking damages for personal injuries sustained in a "rear end" motor vehicle collision. The case was tried by a jury which returned a not guilty verdict in favor of the defendant. The plaintiff then successfully moved for a new trial and in the order granting same the trial court said:

"1. * * * The evidence indicated a definite rear end collision which raised a presumption of negligence; which presumption the Defendant failed to rebut.

"2. * * * The evidence introduced was insufficient to prove contributory negligence on the part of plaintiff."

The evidence adduced at the trial concerning the circumstances leading up to the accident is conflicting. Plaintiff testified in essence that after having signalled he had brought his car to a stop and was awaiting an opportunity to make a left turn when defendant struck him in the rear. It was defendant's testimony that after following behind plaintiff for some distance he attempted to pass whereupon without signalling plaintiff, who was also moving, suddenly cut to the left thereby causing the accident.

We find that defendant's explanation as to how this accident happened is legally sufficient to both rebut the presumption of negligence and justify an inference of contributory negligence. Therefore the case was, in the first instance, properly submitted for jury determination.

Stark v. Vasquez, Fla. 1964, 168 So.2d 140; Bernstein v. Crossman, Fla.App. 1965, 172 So.2d 462 (opinion filed March 9, 1965).

Unless the evidence as a whole points to only one possible conclusion, the trial judge is not warranted in setting aside a jury determination based on conflicting evidence.

See Alessi v. Farkas, Fla.App. 1960, 118 So.2d 658.

Accordingly, the order appealed is reversed with directions to reinstate the jury verdict.

Reversed and remanded with directions.


Summaries of

Beason v. Evans

District Court of Appeal of Florida, Third District
Apr 6, 1965
173 So. 2d 516 (Fla. Dist. Ct. App. 1965)
Case details for

Beason v. Evans

Case Details

Full title:ALORISE LEONARD BEASON, APPELLANT, v. DANIEL EVANS, JR., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 6, 1965

Citations

173 So. 2d 516 (Fla. Dist. Ct. App. 1965)

Citing Cases

Sawyer v. Dawson

We conclude that the appellant's explanation is more like the insufficient explanations than the sufficient…

Mansell v. Eidge

However, when the record contains evidence which will support the verdict and there is no prejudice or…