Appellate Court Upholds Summary Judgment in Vehicle Collision Case in Hillsborough County, FL

CSK Appellate Defense
Tampa Associate Brandon Tyler

 Case Summary
The Second District Court of Appeal upheld a summary judgment in favor of the Defendant in a vehicle collision case, involving three Plaintiffs who were traveling on I-275 when their vehicle was struck from behind. The driver claimed to have identified the vehicle responsible based on its proximity and movement immediately following the incident.

Appellate Strategy
The Defendant denied involvement in the crash, stating he witnessed the incident ahead of him and changed lanes to avoid it. The defense presented accident reconstruction evidence showing that the Defendant’s vehicle could not have caused the damage sustained by the Plaintiffs’ vehicle. Despite affidavits from the Plaintiffs identifying the Defendant’s car by its Georgia license plate, the trial judge found that the photographic evidence contradicted their claims.

Decision
The trial court granted summary judgment to the Defendant, concluding that the Plaintiffs’ account was “blatantly contradicted by the record” and that no reasonable jury could believe it. The Plaintiffs appealed the decision, but the appellate court affirmed the ruling with a per curiam affirmance (PCA). This decision highlights a significant application of Florida’s updated summary judgment rule, particularly where plaintiffs seek to rely on affidavits that are conclusory, self-serving, and lack sufficient supporting facts to create a genuine issue of material fact.