NEGLIGENCE-RES IPSA LOQUITUR-JUSTIFICATION FOR A DIRECTED VERDICT IN FAVOR OF THE PLAINTIFF

Defendant was driving his car along a straight and unobstructed stretch of gravel road when it ran off the road, overturned, and injured the plaintiff, who was a passenger. There was some conflict in the evidence as to the speed of the car and the only evidence that the defendant could offer as to the cause of the accident was a statement that it could have been the gravel or a tie rod. The trial court directed a verdict for the plaintiff. On appeal, held, affirmed.

The car left a straight and unobstructed highway and there is no showing of an intervening cause. An explanation of the accident is essential if the defendant will avoid liability. Fannin v. Lewis, (Ky. 1951) 243 s. w. (2d) 60.