B&J Sales & Service Corp. v. Moss

WELLS, Judge.

The sole question for review in this appeal is whether the trial judge erred in refusing to instruct the jury on the doctrine of res ipsa loquitur as requested by the plaintiff. Res ipsa loquitur permits an inference of negligence, based on common experience, from the occurrence of something that ordinarily does not happen in the absence of negligence. Snow v. Duke Power Co., 297 N.C. 591, 256 S.E. 2d 227 (1979).

Plaintiff presented evidence through five witnesses: plaintiff, its two employees, Mr. Parker and Mr. Goins, and two expert witnesses, Dr. McKnight and Mr. Smith. Through…