Ortega v. All Dade Fences Inc.
In a rear-end collision case, the Third DCA affirmed summary judgment for the lead driver and vehicle owner because the plaintiffs failed to rebut the rear-driver presumption of negligence — the record was uncontroverted that the lead driver made no abrupt, arbitrary, and unexpected stop. On cross-appeal, the court reversed the denial of section 768.79 fees, holding that neither the statute nor rule 1.442 requires a proposal for settlement to state that judgment will be entered or to specify a payment timeframe.
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