Volvo White Truck Corp. v. Vineyard

In this appeal, a case involving a bailment for the mutual benefit of a bailor and a bailee, we determine when, and under what circumstances, the bailee (1) has the burden of persuasion on the issue of his negligence, and (2) has the burden of going forward with the evidence on the negligence issue.

Lowell Phillip Vineyard, the plaintiff/bailor, sued Volvo White Truck Corporation (Volvo), the defendant/bailee. Vineyard claimed that he delivered his tractor to Volvo for routine maintenance and that Volvo returned the tractor in a damaged condition. Vineyard’s motion for judgment contained two…