Warren v. Jeffries
Supreme Court of North Carolina
139 S.E.2d 718 (1965)
After Jeffries (defendant) parked his car on an incline and let Enoch's mother borrow it, six-year-old Enoch and other children climbed into the parked car while waiting to leave; after Enoch closed the door, the children heard a clicking sound and the car began rolling backward, and Enoch was fatally run over attempting to jump out. Warren (plaintiff) sued for wrongful death alleging Jeffries negligently failed to set the parking brake, leave the car in gear, or maintain the brakes, but offered no direct evidence supporting any of these specific theories; the trial court granted an involuntary nonsuit for Jeffries.
Whether a court may invoke the doctrine of res ipsa loquitur if the plaintiff fails to show that the accident was more likely than not caused by the defendant's negligence.