Mcdougald v. Perry

716 So.2d 783 (1998)

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Nature of the Case

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Facts

McDougald (P) sued Perry (D) and his employer C& S Chemical, Inc. over an accident that occurred when the 130-pound spare tire on D's truck came out of its cradle and fell to the ground and eventually hit P's car. P had been driving behind D, and when D went over some railroad tracks, the tire came out of hits cradle. D then drove over the loose tire, and it hit P’s windshield. During trial, D testified that the tire was secured by a 4-6-foot chain with one-inch links which were wrapped around the tire and that D believed it was the original chain that came with the trailer in 1969. D also testified that the chain was secured to the body of the trailer by a latch device which was in proper working order. D testified that he did a pre-trip inspection of the trailer on the day of the accident; which included the chain but not every link. After the accident, D noticed that the chain was dragging under the trailer. D testified that the links has stretched and the chain slipped from the nut which secured it to the trailer. The judge instructed the jury on res ipsa loquitur, and P got the verdict. D appealed. The district court reversed and with instructions that the trial court direct a verdict in D's favor. P appealed.