F. W. Newman & Son, Inc. v. Hillyard Sales Co.

This is a motion by the defendant for an order of preclusion or in the alternative an order requiring the plaintiff to serve a further and more detailed bill of particulars with regard to the claimed negligence.

The plaintiff resists the motion on the grounds that since its complaint contains a 1 ‘ classic ’ ’ example of a true res ipsa loquitur pleading that it was not required to particularize in response to the defendant’s demand.

The defendant counters with the contention that orderly procedure required the plaintiff to proceed under subdivision (a) of rule 115 of the Buies of Civil…