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McNulty v. Cusack

District Court of Appeal of Florida (1958) | 104 So. 2d 785

3 min read

TL;DR: A driver was rear-ended while stopped at a red light. The court held this created a rebuttable presumption of negligence, and since the defendant offered no explanation, a directed verdict for the plaintiff on liability was proper.

Legal Significance: Establishes the "rear-end collision presumption" in Florida: a rear-end collision creates a rebuttable presumption of negligence against the following driver, shifting the burden of producing exculpatory evidence to them.