November 2, 1998
Sybil Eppler v. Tarmac America, Inc.
Case Number(s):
91066
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Summary:

Under Florida law, the driver of a vehicle that rear-ends another vehicle is presumed negligent, subject to some exceptions. Eppler's vehicle was rear-ended by a cement truck during the rush hour of Sept. 27, 1994, near the intersection of Southside Blvd. and Baymeadows Rd. Eppler said she was hit when the redlight here turned green but before she started moving forward. The cement truck driver said Eppler started to move, then suddenly stopped. Eppler's vehicle was rammed forward into the vehicle ahead, whose driver said he had not started moving when he was hit. Eppler sued the cement truck's owner, Tarmac, but the jury at trial said Tarmac was not negligent. Eppler appealed, but the First District rejected her arguments. However, the district court certified the question to the Supreme Court.