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Rear end collision - Cervical sprain and strain - Rib fracture - Patella fracture - Liver contusion - Liability only.

Miami-Dade County

Damages in this motor vehicle negligence action were stipulated at $________, and the case was tried on liability only. The plaintiff claimed that the defendant pulled out from a stop sign into the path of a vehicle in which she was a passenger. The defendant denied pulling out of a stop sign and argued that the host vehicle simply struck her car in the rear.

The plaintiff was a passenger in a vehicle driven by her sister in a southbound direction. The plaintiff claimed that a vehicle driven by the defendant driver pulled out from a stop sign, hydroplaned on a wet road surface, struck a guard rail and bounced into the path of the host vehicle, causing the host vehicle to strike the defendant’s car. An investigating police officer testified that debris was found in the right travel lane, there were no skid marks at the scene and both vehicles were in the right lane when he arrived.

The defendant testified that she was driving in the left southbound lane in front of the host vehicle when the host vehicle struck the rear of her car. The defendant denied pulling out of a side street or striking a guardrail as alleged by the plaintiff. The defendant’s son and her son’s fiancee, who were traveling in a vehicle behind the plaintiff’s car, supported the defendant’s version of the accident.

The jury found the defendant ________% negligent.

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