Ex Parte Crabtree Industrial Waste, Inc.

We have granted certiorari review to consider whether the Court of Civil Appeals properly applied the doctrine of res ipsaloquitur.

The facts of this case are set out fully in the Court of Civil Appeals' opinion. McDaniel v. Crabtree Industrial Waste, Inc.,728 So.2d 151 (Ala.Civ.App. 1997). A wheel came off a moving truck and caused the plaintiff to be injured. The plaintiff filed an action against the driver and the owner of the truck. The evidence showed that no one knows what caused the wheel to come off. The plaintiff relied on the doctrine of res ipsa loquitur. The driver of the truck…