Lackey v. Price

The opinion of the court was delivered by

Price, J.:

This was an action against defendants, Price and Eoltz, for personal injuries sustained by plaintiff, Lackey, when a truck carrying liquified petroleum (LP) gas was involved in an explosion. The explosion occurred at a time when the truck was being washed by Eoltz — an employee of Price — inside the service station owned and operated by Price.

The action was brought and tried under the theory of res ipsa loquitur. Judgment was for plaintiff, and defendants have appealed.

The theory of the case, as pleaded in the petition, was that at all times…