Swiney v. Malone Freight Lines

OPINION

This appeal presents two principal questions, the first of which, insofar as we have been able to determine, is one of first impression in this state: (1) Does the doctrine of res ipsa loquitur apply where a wheel becomes detached from a moving vehicle, and (2) if so, did the Defendants introduce sufficient proof to entitle them to a directed verdict at the conclusion of all the proof?

The facts are relatively simple and undisputed. Plaintiffs’ proof showed that on December 21, 1973, about 1:30 p. m., Davis M. Swiney, Plaintiff-Appéllee, was driving his 1967 Chevrolet automobile in a…