Wednesday, April 27, 2022

Res Ipsa Loquitur Doctrine Applied to Allow Motor Vehicle Incident Case to Proceed

In the case of Houck v. WLX, LLC, No. 3:19-CV-275 (M.D. Pa. March 10, 2022 Mariani, J.), the court denied summary judgment after finding that a Plaintiff had created enough of a record in a circumstantial case as to the justify the application of the res ipsa loquitur doctrine in a case where an item allegedly fell off a Defendant’s truck, bounced, and went through the windshield of the Plaintiff’s decedent’s vehicle with fatal results.

The court noted that, although there were no witnesses, the facts of the case, viewed in a manner most favorable to the Plaintiff as required by the applicable standard of review, established that an item from the Defendant’s truck could have possibly fallen off of the truck, bounced on the roadway, and ended up through the windshield of the decedent.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order can be viewed HERE

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reid Smith law firm for bringing this case to my attention.

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