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Torts Keyed to Franklin
McDougald v. Perry
Citation:Supreme Court of Florida, 1998. 716 So.2d 783.
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.