Scott v. Club Exchange Corp.

ANDREW JACKSON HIGGINS, Special Judge.

Appeal from judgment for Myrtle L. Scott in action under uninsured motorist coverage for damages for death of her husband sustained when his automobile, northbound on Interstate 29, came into collision with the wreckage in his right of way of an automobile theretofore also operated northbound on 1-29 by one Jessie Virginia Malcolm who perished in the wreckage of her vehicle prior to the Scott collision. The questions are whether the res ipsa loquitur doctrine is available to plaintiff in the unusual circumstances of this case; and, if so, whether her…