SWINEY V. MALONE FREIGHT LINES 545 S.W.2d 112 (1976) CASE BRIEF

SWINEY V. MALONE FREIGHT LINES

545 S.W.2d 112 (1976)

NATURE OF THE CASE: Malone (D), trucking company and its driver, sought review of a judgment in favor of Swiney (P) which denied the motion for a directed verdict by D allowed the case to go to the jury on the doctrine of res ipsa loquitur. The jury found for P.

FACTS: P was driving his car. D's truck was also on the road. As they approached each other, the tractor's outside left-rear forward wheel became detached. P was able to avoid a collision with this wheel, but shortly thereafter a second wheel also became detached and rolled down the highway striking P's vehicle in the center of the grill. The collision resulted in injuries to P and damages to his automobile. P relied on res ipsa loquitur. D was denied its motion for a directed verdict. D then introduced proof to show that the lug bolts, which held the dual wheels in place, had sheared, causing the wheels to become disengaged. The wheels in question had been inspected on three separate occasions within four days prior to the accident. The driver of the truck had enough experience to detect loose lug bolts in driving and by sight. After P closed its case, D moved for a directed verdict because the only evidence P had was res ipsa loquitur. That was refused. The jury found for P. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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