The Daily

11th Circ. Affirms $12M Award Over Deadly Fla. Keys Crash

In Florida, there is a presumption that the driver of a vehicle that rear-ends another is at fault. That presumption may be overcome by evidence of a sudden stop, sudden entry into traffic or cutting off traffic. Given that, you might rightly wonder why the carrier of the sand truck in this recent case in the news would waste everyone’s time and money delaying a resolution of this case and taking it up on appeal. There is a simple answer: as long as they have the money, they still have it. Maybe they’ll pay now. Or maybe not.

“Thus, not only was the jury-instruction error harmless because the estates were entitled to a directed verdict, but Discount Rock actually benefitted from that error by getting an unearned second bite at the negligence-issue apple,” the Eleventh Circuit said.

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