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McDougald v. Perry

Florida Supreme Court
716 So.2d 783 (Fla. 1998)


McDougald (plaintiff) was driving on the highway behind a truck driven by Perry (defendant) when a spare tire attached underneath Perry’s truck came loose and crashed into the windshield of McDougald’s car. McDougald brought a negligence suit and did not offer any other evidence. The trial court ruled in favor of McDougald on the basis of res ipsa loquitur. The appellate court reversed. McDougald appealed.

Rule of Law


Holding and Reasoning (Wells, J.)

Concurrence (Anstead, J.)

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