Swiney v. Malone Freight Lines
Tennessee Court of Appeals
545 S.W.2d 112 (1976)
- Written by Brian Meadors, JD
Facts
A tractor-trailer truck operated by Malone Freight Lines (defendant) had a wheel come loose. The wheel narrowly missed the car driven by Davis Swiney (plaintiff). Then a second wheel came loose from Malone’s truck. That wheel struck Swiney’s car, causing property damage and injuring Swiney. Swiney sued. At the conclusion of Swiney’s case, the trial court held that Swiney had made a prima facie case of negligence based on the rule of res ipsa loquitur. Malone introduced evidence showing that it had not been negligent and had frequently inspected the wheels. Malone showed that the lug nuts shearing caused the wheels to come loose. Malone argued that because it had shown that it had not been negligent, Malone should receive a verdict in its favor. The trial court overruled Malone’s argument and submitted the case to the jury. The jury found in favor of Swiney. Malone appealed.
Rule of Law
Issue
Holding and Reasoning (Goddard, J.)
Dissent (Sanders, J.)
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