REIVER V. PAZ
Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 ** ADAM REIVER, Appellant, ** ** vs. CASE NO. 3D00-2463 LOWER TRIBUNAL NO. 98-15777 ** LETICIA PAZ, Appellee. ** Opinion filed December 5, 2001. An Appeal from the Circuit Court for Dade County, Amy Steele Donner, Judge. Luis E. appellant. Ordoñez & Associates and Frances F. Guasch, for Arthur J. Morburger, for appellee. Before JORGENSON, LEVY, and GODERICH, JJ. PER CURIAM. Adam Reiver, the defendant below in a rear-end automobile collision case, appeals from an order granting a motion for directed verdict, and following submission of the cause to the jury, entry of judgment notwithstanding that jury's verdict. follow, we reverse. For the reasons that The jury reasonably concluded that the evidence and testimony rebutted the presumption of negligence "that attaches to the rear driver in a rear-end collision . . . in cases where the lead driver sues the rear driver." Clampitt v. D.J. Spencer Sales, 786 So. 2d 570, 572 (Fla. 2001). In setting aside that verdict, the court impermissibly acted as "a seventh juror with veto power." See Edwards v. Orkin Exterminating Co., 718 So. 2d 881, 883 (Fla. 3d DCA 1998) (citations omitted). Reversed and remanded with directions to reinstate the jury verdict. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
