Thompson v. Burke Engineering Sales Co.

We granted plaintiff this appeal under rule 332, Rules of Civil Procedure, from an interlocutory ruling of the trial court sustaining defendant’s motion to dismiss Count I of plaintiff’s petition in a law action to recover for- personal injuries alleged to have been caused by defendant’s negligence. The dismissed count states plaintiff relies on the doctrine of res ipsa loquitur. Defendant’s motion asserts the doctrine is not applicable under the facts alleged, specifically because defendant was not in exclusive control of the instrumentality that caused the injury.

Plaintiff alleges that on…