Doyle v. RST Construction Specialty, Inc.

Barnes, Chief Judge.

William and Kim Doyle appeal from the jury’s defense verdict in their personal injury case against RST Construction Specialty, Inc. and Derrick Cheek, arguing that the trial court erred in refusing to give their requested charge on res ipsa loquitur. Because the charge was appropriate under these peculiar facts, and the trial court’s failure to give the charge affected a vital issue in the case, we reverse and remand for a new trial.

William Doyle was waiting at a light on Brook Hollow Parkway at its intersection with Jimmy Carter Boulevard when a dump truck owned by RST…