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Torts Keyed to Franklin
McDougald v. Perry
Citation:Supreme Court of Florida, 1998. 716 So.2d 783.
Plaintiff (McDougald) was driving behind a tractor-trailer driven by the defendant (Perry). As the tractor-trailer went over railroad tracks, a 130-pound spare tire came from under the trailer’s cradle, causing the tire to bounce into the air and crash into the plaintiff’s windshield. The spare tire was housed under the trailer and secured by its own weight. A Four to six feet long chain also secured the tire. The defendant testified that he thought those were the original chains that came with the vehicle in 1969. This incident occurred in 1990. The chain was secured to the trailer’s body by a latch device, but at the time of this incident, the chain was attached by a nut and bolt. The defendant did conduct a pre-trip inspection of the trailer, including the chain, but he conceded to not checking every link. After the accident, the chain was dragging under the trailer. The plaintiff brought suit.
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Topic Refresher CoursesNegligence: Res Ipsa Loquitor (The Thing Speaks for itself) Negligence: Res Ipsa Loquitor