McIntyre v. Simnick

This is an action for damages arising from an explosion of materials stored in defendant’s garage. Plaintiff’s first amended complaint was dismissed with prejudice for failure to state a cause of action. We affirm.

In June 1991, plaintiff Edward McIntyre filed a complaint alleging a cause of action for negligence under the doctrine of res ipsa loquitur. After this complaint was dismissed without prejudice, plaintiff filed an amended complaint.

Plaintiff’s first amended complaint alleges that on September 2, 1990, defendant Thomas Simnick (now deceased) owned and possessed a home with detached…