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Case Law Alerts

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

Allstate Fire & Cas. Ins. Co. v. Schroeder, No. 1D2023-3363, 2025 WL 1174126 (Fla. 1st DCA Apr. 23, 2025)

July 1, 2025

by Paul W. Lanza

This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was rear-ended by a phantom vehicle, causing the chain of rear-end collisions. 

The other parties in the lawsuit testified, in general terms, that they did not see a phantom vehicle and had no recollection of a vehicle passing them immediately after the crash. 

The court held that their scant negative testimony was insufficient to overcome the unequivocal positive statement of the rearward driver, that there was a phantom vehicle, and affirmed the order for summary judgment. The court also noted that summary judgment could have been avoided by the opposing parties if there was evidence from a witness that “I looked where I should have been looking and there was nothing to see.” 

 

Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2025 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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