McNulty v. Cusack
District Court of Appeal of Florida
104 So.2d 785 (1958)
Relevant factsFree
Annie F. Cusack (plaintiff) sued F. Jerome McNulty (defendant) for injuries from a car crash, presenting unrebutted evidence that she had stopped for a red light and that McNulty failed to stop and rear-ended her car. The trial judge found this evidence sufficient to establish a presumption of McNulty's negligence, and because McNulty offered no evidence in response, directed a verdict for Cusack. McNulty appealed, arguing the evidence only supported an inference of negligence that should have gone to the jury.
IssueFree
Whether, in a civil case, a party must rebut a presumption that otherwise warrants a directed verdict against the party.