Friday, October 10, 2014

McDougald v. Perry case brief


McDougald v. Perry case brief

F: TC ruled in favor of McDougald, and the district court reversed
McDougald was driving behind a trailer driven by Perry, and as Perry drove over railroad tracks, spare tire came out of its cradle and collide the McDougald’s car. The chain that was secured to the body of the trailer was dragging.
I: whether the spare tire escaping from the cradle underneath the truck, resulting in the tire crashed into other’s vehicle, is the type of accident which would not occur but for the failure to exercise reasonable care by the person who had exclusive control of the spare tire, therefore, negligence is inferred under the doctrine of res ipsa loquitur

the spare tire, therefore, negligence is inferred under the doctrine of res ipsa loquitur.
R: the spare tire escaping from the cradle underneath the truck, resulting in the tire crashed into other’s vehicle, is the type of accident which would not occur but for the failure to exercise reasonable care by the person who had exclusive control of the spare tire, therefore, negligence is inferred under the doctrine of res ipsa loquitur
C:
reversed

Co: truck driver has more control of evidence
Permissible doctrine rather than mandatory doctrine.
It enables for the jury to find the negligence, but doesn’t require.
Service company’s additional duty does not eliminate owner’s primary duty

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