Estell v. Barringer

Plaintiff argues that the trial court erred in dismissing and in refusing to reinstate that part of his complaint which predicated liability upon the res ipsa loquitur doctrine. The pleading had been dismissed prior to trial, and immediately prior to the beginning of trial the plaintiff moved to reinstate the pleading on the theory that the judge assigned for trial was not the same judge who had dismissed the pleading. Other happenings during the trial indicate that plaintiff was prevented from presenting this theory at the trial. The defense, objecting to comments made by the plaintiff’s…