Delvecchio v. General Motors Corp.

While I agree with the majority that the trial court was correct in ordering a new trial because of General Motors’ violation of discovery rules, I disagree with the holding that the trial court was correct in ordering a new trial based upon its previous dismissal of the res ipsa loquitur counts.

I agree with the defendant that even if the doctrine of res ipsa loquitur could be relied upon in products liability cases, it would not avail the plaintiff in the present case.

“The purpose of the res ipsa loquitur doctrine is to allow proof of negligence by circumstantial evidence when the direct…