SIEGLER V. KUHLMAN, 81 Wash. 2d 448, 502 P.2d 1181 (1973) CASE BRIEF

SIEGLER V. KUHLMAN
81 Wash. 2d 448, 502 P.2d 1181 (1973)
NATURE OF THE CASE: This is a wrongful death action on a negligence theory.
FACTS: Carol House died when her car was demolished by a gasoline explosion. Kuhlman (D) was driving the gasoline truck. The trailer unit separated from the truck and hit House's car. The flames from the explosion engulfed House's car, burning her to death. Seigler (P) brought a wrongful death action on a negligence theory. D claimed that he took all precautions necessary to ensure the unit was properly hooked to the truck. He claimed the fatigue could not be detected by careful inspection. P wanted the jury to infer negligence under res ipsa loquitur. The trial court denied this claim. On appeal, the court reversed the decision, holding that the instruction on res ipsa loquitur was proper.

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HOLDING AND DECISION:


LEGAL ANALYSIS:





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