McDougald v. Perry
Florida Supreme Court
716 So.2d 783 (Fla. 1998)
Relevant factsFree
McDougald (plaintiff) was driving behind a truck driven by Perry (defendant) when a spare tire, secured beneath the truck in a cradle by a chain attached with a nut and bolt rather than its originally designed latch, came loose and crashed into McDougald's windshield. McDougald sued for negligence, and the trial court instructed the jury on res ipsa loquitur; the jury found for McDougald, but the appellate court reversed, and McDougald appealed.
IssueFree
Whether the mere fact of an accident occurring may be sufficient to maintain a claim of negligence.