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Citation. 736 F.2d 992
Brief Fact Summary. The Plaintiff, McDougald (Plaintiff), was injured when the spare tire flew off of the Defendant, Perry’s (Defendant) trailer and hit the Plaintiff’s windshield.
Synopsis of Rule of Law. Res Ipsa Loquitur applies to rare occurrences where the accident itself is evidence upon which to base an inference of negligence.
Issue. Whether the doctrine of Res Ipsa Loquitur applies to the accident.
Held. The doctrine of Res Ipsa Loquitur applies.
Discussion. The mere fact that the accident occurred does not always warrant the application of the doctrine. But in rare instances the fact that the accident occurred, along with a showing of an immediate precipitating cause, permits the inference of negligence. In this case, the spare tire would not have come loose had the Defendant exercised reasonable care when inspecting his vehicle and therefore Res Ipsa Loquitur applies and the Defendant is liable