Barker v. Clark

In my view, the majority opinion is erroneous, and I respectfully dissent from the majority’s view. This case turns on the question of whether the trial court erred in refusing to submit to the jury a requested instruction on the doctrine of res ipsa loquitur allowing the jury to infer neghgence on the part of Charles Clark, the owner and operator of a pickup truck and camper sheh. The accident in question occurred when a sheet of plexiglass, approximately three-feet wide by four-feet long, sailed from the top of Clark’s camper and hit the windshield of appellant Barker’s following vehicle,…