From our private database of 30,900+ case briefs...
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. The evidence at trial showed that the spare tire had been placed in a cradle beneath the truck and held in place with a chain. Instead of the chain being attached with a latch as originally designed, the chain was attached with a nut and bolt at the time of the accident. It appeared that the accident occurred when one of the chain's links came apart from the nut. The trial court instructed the jury on res ipsa loquitur, and the jury returned a verdict in favor of McDougald. The appellate court reversed. McDougald appealed.
Rule of Law
Holding and Reasoning (Wells, J.)
Concurrence (Anstead, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 553,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 553,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.