Torts — Negligence — Comparative — Automobile accident — Rear-end collision — Trial court erred in granting partial summary judgment finding defendant solely liable for rear-end collision as a matter of law — There was sufficient evidence from which a jury could have inferred that plaintiff was partially liable for collision where there were significant differences in parties’ deposition testimony regarding whether or not plaintiff engaged her brakes and veered in and out of turn lane, and whether or not plaintiff came to a rolling stop or only slowed down slightly — Partial summary judgment is affirmed to the extent that it found defendant was negligent where undisputed evidence established that defendant was following plaintiff too closely just prior to collision — Remand for new trial at which issue of comparative negligence should be considered by jury
44 Fla. L. Weekly D660a
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