Tamiami Trail Tours, Inc. v. Locke

(specially concurring).

Appellant, Tamiami Trail Tours, Inc., brought this action for damages in the Circuit Court of- the Ninth Judicial Circuit in and for Orange County. Final judgment was entered below for appellee, Frank L. Locke, doing business as Acme Auto Service.

An examination of the metamorphosis of res ipsa loquitur in Florida reveals that the formula established by this court as the test of applicability of the doctrine is arbitrary *589and therefore in need of a re-appraisal, to the end that a plaintiff in some instances is not given a burden of proving negligence on the part of the…