Shirey v. State Farm Mutual Automobile Insurance

ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

We reverse the final summary judgment in this case on the authority of Birge v. Charron, 107 So.3d 350 (Fla.2012) and Cevallos v. Rideout, 107 So.3d 348 (Fla.2012), because the record establishes a question of comparative negligence, albeit a tenuous one, of the drivers struck by the rear driver in a rear-end collision.

GROSS and MAY, JJ., concur. DAMOORGIAN, C.J., dissents with opinion.