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Torts Keyed to Miller
McDougald v. Perry
Citation:
716 So.2d 783Facts
McDougald (Plaintiff) was injured in a car accident when the spare tire flew off of the Defendant, Perry’s (Defendant) trailer and hit the Plaintiff’s windshield. Defendant testified that the tire was held in place by its own weight and by a chain that was usually attached to the trailer of the truck with a latch. The defendant also testified that on the day of the accident the chain was attached with only a nut and bolt, but that he did a pre-trip inspection on the trailer and found no problems. However, the chain did have a loose link that lead to the release of the tire.
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Topic Resources
Topic Outline
NegligenceTopic Refresher Course
Negligence: Res Ipsa Loquitor (The Thing Speaks for itself)