Discussion: Small Group Res Ipsa - Small Group Discussion 3

A truck driver is operating a brand-new 18 wheel tractor-trailer rig at a lawful speed on a highway. The spare tire breaks free and caroms into a nearby car (also driving speed limit). Driver of the car sues the truck driver, truck driver's employer, and the owner of the leased 18 wheel rig for negligence in securing the spare tire properly. At trial, evidence is introduced that the cradle holding the spare tire showed no signs of damage or wear. The truck driver testified that chains had been wrapped around the spare tire to hold it even tighter to the cradle.

After the lawyer for the car driver has presented all the evidence used to support his case, counsel for defendant moved for dismissal on the grounds that the plaintiff had failed to show sufficient evidence that the defendants breached a duty of care.

Instructions:

Consider the fact pattern above and our lecture of res ipsa loquitur and determine if you would expect the court to grant the motion. Why or why not? Please focus on the elements of res ipsa.