Page v. Sloan

BROCK, Judge.

Plaintiff-appellant insists that the doctrine of res ipsa loquitur is applicable in this case and, being entitled under that doctrine to have the case submitted to the jury, that summary judgment for defendant was error. We agree.

Summary judgment is proper only where movant shows that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Application of the doctrine of res ipsa loquitur recognizes that common experience sometimes permits a reasonable inference of negligence from the occurrence itself. In other words, the…