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McDougald v. Perry | 716 So.2d 783 (1998)
Normally, to prevail on a claim of negligence, an injured plaintiff must specifically prove that the defendant did or didn’t do something constituting negligence that resulted in harm to the plaintiff. Sometimes, though, people get injured in an accident that isn’t obviously anyone’s fault. In such cases, can a plaintiff ever win a negligence action? The Florida Supreme Court addressed this issue in McDougald versus Perry.
Lawrence McDougald was driving in his car when his windshield was hit by a 130-pound spare truck tire, which had come loose from the tractor-trailer being driven by Henry Perry, an employee of C & S Chemical company. McDougald sustained personal injuries from being hit by the tire. McDougald sued Perry and the company for negligence in state court.
At trial, the evidence showed that spare tire had been placed in a cradle underneath the truck. Before coming loose, it had been held in place by a chain wrapped around the tire. As originally designed, the chain had been connected to the trailer by a latch device. At the time of the accident, though, the chain had been attached with a nut and bolt. The accident appeared to have occurred when one of the chain’s links had come apart from the nut that secured it to the trailer.
The judge instructed the jury on the doctrine of res ipsa loquitur , which allowed jurors to presume negligence based solely on the fact that the accident had occurred. The jury found that Perry and the company were negligent and awarded damages to McDougald. On appeal, the Florida Court of Appeal reversed the trial court’s judgment, finding insufficient evidence of negligence and concluding that the trial court had erred by submitting a res ipsa loquitur instruction.
McDougald successfully petitioned the Florida Supreme Court to review his case.
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