Gagosian v. Burdick's Television & Appliances

This is an action for damages for bodily injuries allegedly sustained when plaintiff’s car, at a stop sign, was struck from the rear by a car driven by defendant Hutcheon in the course of his employment by defendants Burdick. Jury verdict and judgment were for defendants. Plaintiff’s motion for new trial was granted, and defendants appeal.

The doctrine of res ipsa loquitur applies unconditionally, or “as a matter of law,” when undisputed evidence establishes that plaintiff’s car was stationary when struck from behind by defendants' vehicle (Alarid v. Vanier, 50 Cal.2d 617 [327 P.2d 897] ;…