| Venue: | FL SC |
| Facts: | McDougald is driving behind a truck, and it drops a tire (which was secured by a bolt and a chain). The tire flips up and bashes into McDougald. |
| Posture: | Finding at trial for McDougald. Reversed on appeal. |
| Issue: | Was an instruction on res ipsa loquitur appropriate? |
| Holding: | Yes. |
| Rule: | A jury could find that this is the sort of accident that would not occur but for negligence. |
| Reasoning: | The plaintiff doesn't have to eliminate all possible causes, just to produce evidence on the basis of which reasonable people could find it was more likely that there was negligent than not. |
| Dicta: | |