Itiat v. Foskey
35 Fla. L. Weekly D313d (Fla. 1st DCA 2010 (February)
A man died when his vehicle crashed into the back of a truck following a rain storm. The trial court granted summary judgment to the defendant in a subsequent wrongful death case based on the presumption of negligence for a driver who rear-ends another vehicle. However, the district court reversed and held that genuine issues of material fact existed regarding who was at fault in this collision. The district court pointed to evidence that the truck driver may have suddenly changed lanes and reduced his speed to support this holding.