Clampitt v. DJ Spencer Sales

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that an abrupt stop by a preceding vehicle that is in its proper place on the highway is insufficient to rebut the presumption
• finding that when the rear driver produces evidence which fairly and reasonably tends to show that he was not negligent, the impact of the presumption is dissipated and negligence then becomes a jury question
• noting “the law requires all drivers to push ahead of themselves an imaginary clear stopping distance or assured stopping space or adequate zone within which the driven vehicle can come to a stop.”
• \Each driver is charged under the law with remaining alert and following the vehicle in front of him or her at a safe distance.\
• “It is well settled that a sudden stop, without more, is insufficient to overcome the presumption of negligence.”
• “The rebuttable presumption of negligence . . . arises out of necessity in cases where the lead driver sues the rear driver. The presumption bears only upon the causal negligence of the rear driver.”

Source: CourtListener parenthetical corpus (CC0).