Terry Enoch was killed when he was run over by Jeffries'
car. Warren sued for wrongful death.
Terry's mother and a bunch of kids were in Jeffries'
borrowed car getting ready to go to the store. The mother got out of the
car to get something from the house. The car began rolling down a hill.
The kids all jumped out of the car, in Terry's case unsuccessfully.
The Trial Court dismissed the case on a judgment of involuntary
nonsuit. Warren appealed.
An involuntary nonsuit takes place when the
Plaintiff on being called, when their case is before the court for trial,
neglects to appear, or (as in this case) when they have given no evidence
upon which a jury could find a verdict.
Warren unsuccessfully argued that Jeffries failed to
adequately maintain the handbrake.
The Appellate Court affirmed the judgment.
Since the actual cause of the car's movement was
undetermined, and Jeffries was not in control of the car at the time (the
handbrake may have been disengaged by Terry's mother), you can't use the
doctrine of res ipsa loquitur to automatically assign negligence
to Jeffries.
