Tapia v. McKenzie

(specially concurring).

We disagree as to the meaning of summary judgment, the failure to explain applicable statutes, and the applicability of the doctrine of res ipsa loquitur. Therefore, I specially concur.(a) The Meaning of Summary Judgment

McKenzie, the owner of a cow, was awarded summary judgment in an action for the wrongful death of Gauna, Jr, brought by Tapia under the doctrine of res ipsa loquitur. The deceased was driving an automobile in the nighttime in an easterly direction .on Interstate Highway 40 (formerly Highway 66), when he collided with McKenzie’s cow, between Clines…