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Dayton Tire and Rubber Company v. Davis
Florida District Court of Appeal
384 So. 2d 575 (1977)
A minor, Ronnie Davis, was killed when the car in which he was a passenger crashed. A wrongful-death suit was filed that alleged that Davis’s death was caused by a blowout of a tire that had been manufactured by Dayton Tire and Rubber Co. (defendant). The tire was six months old and had been driven 4,000 miles at the time of the blowout. There was also a defect in the tire cords that could have been caused by overheating during the manufacturing process. Evidence pro and con of Dayton’s negligence was presented. The jury returned a verdict against Dayton. Dayton appealed and argued that the jury was improperly given a res ipsa loquitur instruction.
Rule of Law
Holding and Reasoning (Boyer, C.J.)
Concurrence/Dissent (Smith, J.)
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