Evans v. Heard

Benham, Presiding Justice.

This appeal arises from Heard’s action for damages allegedly caused by a collision between a car Heard was driving and a tire which came off its axle on a trailer being towed by a truck owned and driven by Evans. The negligence asserted by Heard as the basis of the suit was Evans’ purported failure to maintain the vehicle adequately. When Heard admitted in response to interrogatories that he had not preserved any physical evidence from the occurrence and had no direct evidence that Evans had been negligent, Evans filed a motion for summary judgment. The trial court…