Gulle v. Boggs

How courts have described this case

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

• holding that affirmative testimony by the defendant that his brakes failed was sufficient to overcome the negligence presumption
• explaining that the rear-end presumption “disappear[s]” when facts appear, and “facts are deemed to appear” when evidence is produced from which such facts “may be found.”
• explaining that when adverse party introduces credible evidence to disprove a presumed fact, the presumption vanishes and the jury is never told of it
• explaining that when adverse party introduces credible evidence to disprove a presumed fact, the presumption vanishes and the jury is never told of it
• noting that the “so-called rebuttable presumption rule arising out of [a] rear-end collision” is “well established in Florida”
• explaining that “[pjresumptions disappear when facts appear; and facts are deemed to appear when evidence is [produced] from which [facts] may be found” by the trier of fact

Source: CourtListener parenthetical corpus (CC0).