Brown v. Riner

I must dissent in this case. It is my impression that the majority of the court has been influenced by the fact an accident occurred with horrible and tragic results.1 It is my view this decision is contrary to our oft-repeated rule that speculation, conjecture, or guess can never be the basis for liability2 as set out in the majoirty opinion. In arriving at this result the court has introduced the doctrine of res ipsa lo-quitur or some species thereof into our law insofar as it affects motor vehicle accidents, or has said this rule is in effect except in certain circumstances. It is…