Eaton v. Eaton

Sandra and Donna Eaton (plaintiff's decedent and defendant) were in a vehicle that left the road at high speed and overturned, killing Sandra; Sandra told police before dying that Donna had been driving, while Donna claimed Sandra was driving and swerved to avoid another vehicle. A jury, presented with only these two competing accounts, found Donna had been the driver but nonetheless returned a verdict for Donna, and the estate appealed, arguing the jury should have been instructed on res ipsa loquitur.