McDougald
v. Perry
Supreme
Court of
716
So.2d 783.
Prosser,
pp. 232-236
Facts: The plaintiff was driving
behind a tractor-trailer driven by the defendant when its spare tire came off
and hit the plaintiff’s windshield. The plaintiff
sued and won at trial when the judge instructed the jury on res ipsa
loquitor. The defendant appealed and had
the judgment overturned. Then the plaintiff
appealed.
Issue: Does res ipsa loquitor
apply to the facts of this case?
Rule: Res ipsa loquitor applies
when (1) the thing that caused the injury was in the exclusive control of the defendant,
and (2) the accident wouldn’t have happened without someone being negligent.
Analysis: The court finds that the
spare tire coming loose is the sort of accident that can only be caused by negligence
and that the person who was in charge of keeping the spare tire from flying off
was the defendant.
Conclusion: The court vacates the judgment
of the appeals court and orders that the trial court verdict be reinstated.