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

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.”