Doctrine of res ipsa loquitur available against multiple defendants and in spite of allegations of negligence

Law Reporter, May 2003

Apuzzio v. J. Fede Trucking, Inc., No. A-0818-01T1 (N.J. Super. Ct. App. Div. Nov. 8, 2002) (unpublished).

The doctrine of res ipsa loquitur is available to plaintiffs who also presented allegations of negligence, and is available against multiple defendants, a New Jersey appellate court held.

Here, Apuzzio and his wife were traveling in a car when a wheel came loose from a passing truck and struck their vehicle. The wheel had been replaced four days before the incident. The Apuzzios sued the trucking company and the shop that replaced the tires, alleging negligent maintenance and operation of the truck and res ipsa loquitur.

The trial court held that because plaintiffs advanced a negligence theory, and because the truck was not under the exclusive control of any one defendant, res ipsa loquitur did not apply.

Reversing, the appellate court noted that the trial court had found plaintiffs' allegations of negligence insufficient to raise a genuine issue of material fact. Therefore, it is incorrect to preclude application of the doctrine of res ipsa loquitur merely because plaintiffs pleaded negligence, the court reasoned, since plaintiffs had not identified the negligence that allegedly caused the incident.

Furthermore, the court rejected defendants' contention that res ipsa loquitur could not apply because the truck was under the control of more than one defendant. Citing case law, the court noted that res ipsa loquitur may be invoked against multiple defendants who are in joint control of an injury-causing instrumentality if the plaintiffs show they or others did not change its condition after it left the defendants' control.