Jeanette Fleming v. Dale Hallum

1. Res ipsa loquitur is a form of circumstantial evidence which creates a permissive inference of negligence. The trial court is not required to make an explicit finding that the doctrine does not apply. 2. The trial court did not err in failing to apply the doctrine of res ipsa loquitur when the evidence showed that the event was attributable to the voluntary action of the appellant.