Warning
Info
- - tl;dr
- - ICRA
- - Facts & Holding
- - DeepDive
0 0
Florida Supreme Court - 716 So. 2d 783
Tags: Torts, Res ipsa loquitur
tl;dr:
A tire fell out of a trailer and hit Plaintiff's car; Court finds that res ipsa loquitur is applicable here.Video Summary
DeepDiveHighlight a legal term to see the definition
The case involves a dispute between Perry and McDougald and Cheung and Ryder Truck Rental, Inc. McDougald sued Perry and C & S Chemical, Inc. for personal injuries caused by a spare tire falling off Perry's leased tractor-trailer and colliding with McDougald's vehicle. The jury found in favor of McDougald based on the doctrine of res ipsa loquitur, but the district court reversed the decision. The Florida Supreme Court approved the application of res ipsa loquitur and referred to previous cases to discuss its applicability. The legal doctrine of res ipsa loquitur is a rule of evidence that can aid in proving negligence under certain circumstances. The doctrine provides an injured plaintiff with a common-sense inference of negligence where direct proof of negligence is lacking. The application of this inference is flexible when the facts of an accident establish that the accident would not have occurred without the failure of reasonable care by the person or entity in control of the injury-producing object. However, the doctrine's applicability remains limited to rare instances.
The legal case of Byrne v. Boodle established the doctrine that in cases of accidents, there may be a presumption of negligence, and it is the duty of those responsible for the object or premises to prove otherwise. The court held that if an article that could cause damage is put in the wrong place and causes harm, those responsible for putting it in the right place are prima facie responsible. The defendant in the case was found responsible for the acts of their servants who had control of the barrel that fell and caused harm. The concurring opinion stresses the importance of using common sense in legal decisions and how past cases can influence present ones. The court's decision in Byrne v. Boodle is still relevant today and the traditional method of making laws is still effective.
LSD+ Case Briefs
Features
- DeepDive for detailed case analysis
- Over 50,000 existing case briefs
- Instant briefs for another 6,000,000 cases
- Highlight dictionary for legal term definitions
- Social learning with chat and high points
Over 50,000 Cases Briefed
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
14-Day Free Trial
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Integrated Legal Dictionary
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Brief anything. Instantly.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Social Learning with Chat and High Points
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Real-Time Brief Feedback
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.