Res ipsa loquitur is not an arbitrary rule but rather `a common sense appraisal of the probative value of circumstantial evidence.' Boykin v. Chase Bottling Wrks, 32 Tenn. App. 508, 520-523, 222 S.W.2d 889, 896. "This maxim does not generally apply to motor vehicle accidents, but it may apply to such an accident where the circumstances causing it were within the driver's control and the accident was such as does not usually occur without negligence.

Res ipsa loquitur is not an arbitrary rule but rather "a common sense appraisal of the probative value of circumstantial evidence." Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 520-523, 222 S.W.2d 889, 896. This maxim does not generally apply to motor vehicle accidents, but it may apply to such an accident where the circumstances causing it were within the driver's control and the accident was such as does not usually occur without negligence.

The doctrine is based on everyday experience and requires no more than a common sense appraisal of the strength of the plaintiff's circumstantial evidence. Quinley v. Cocke, 183 Tenn. 428, 438, 192 S.W.2d 992, 996 (1946); Memphis St. Ry. Co. v. Stockton, 143 Tenn. 201, 206-07, 226 S.W. 187, 189 (1920); Stinnett v. Wright, 59 Tenn. App. 118, 125, 438 S.W.2d 357, 361 (1968); Davis v. Sparkman, 55 Tenn. App. 65, 70, 396 S.W.2d 91, 93 (1964); Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 524, 222 S.W.2d 889, 896 (1949). Under the doctrine of res ipsa loquitur, a plaintiff need not prove specific acts of negligence. Summitt Hill Assocs., 667 S.W.2d at 96.

Res ipsa loquitur is not an arbitrary rule but rather `a common sense appraisal of the probative value of circumstantial evidence.' Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 520-523, 222 S.W.2d 889, 896. * * * * * *

Res ipsa loquitur is not an arbitrary rule but rather `a common sense appraisal of the probative value of circumstantial evidence.' Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 520-523, 222 S.W.2d 889, 896. "This maxim does not generally apply to motor vehicle accidents, but it may apply to such an accident where the circumstances causing it were within the driver's control and the accident was such as does not usually occur without negligence.

"When the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence [sometimes termed `presumptive' or `inferential' or `circumstantial' evidence], in the absence of explanation by the defendant, that the accident arose from want of care." For further discussion of the doctrine of res ipsa loquitur by the Tennessee courts see the following cases: Southeastern Aviation, Inc. v. Hurd, 209 Tenn. 639, 355 S.W.2d 436; Jones v. Mercer Pie Co., 187 Tenn. 322, 214 S.W.2d 46; Quinley v. Cocke et al., 183 Tenn. 428, 192 S.W.2d 992; Nashville Interurban Ry. et al. v. Gregory, 137 Tenn. 422, 193 S.W. 1053; Capitol Airlines, Inc. v. Barger, 47 Tenn. App. 636, 341 S.W.2d 579; Sullivan v. Crabtree, 36 Tenn. App. 469, 258 S.W.2d 782; Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 222 S.W.2d 889. In this case the plaintiff, Sullivan, was injured through swallowing a piece of glass from drinking a bottle of Coca-Cola. He sued the bottling company rather than the dealer from whom he purchased the bottle of Coca-Cola. The Supreme Court held that the rule was applicable in this type of case but denied recovery for the reason that the evidence did not preclude the possibility of intermediate interference between the plaintiff and the bottling company.

They may instead base their case on the circumstances surrounding the injury if common experience indicates "(1) that the injury was probably the result of negligence, even though the exact nature of the negligence is unknown, and (2) that it was probably the defendant who was the negligent person." 1 Dan B. Dobbs, The Law of Torts § 154, at 371 (2001) ("Dobbs"); Underwood v. HCA Health Servs. of Tenn., Inc., 892 S.W.2d at 426 (holding that res ipsa loquitur "permits a fact-finder to infer that a defendant was negligent when the circumstances of the injury would cause a reasonable person to conclude that the injury would not have occurred had it not been for the defendant's negligence"); Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 522, 222 S.W.2d 889, 895 (1949) (holding that res ipsa loquitur provides the means for determining whether the inferences to be drawn from the circumstances surrounding an injury "furnish a rational basis for a conclusion that it is more likely than not that (1) the injury was due to the negligence of someone, and (2) that the defendant was the responsible party"). Several cases have stated that the res ipsa loquitur doctrine cannot be invoked unless the nature and circumstances of the injury permit "no reasonable inference but that the injury complained of was due to the negligence of defendant . . . ."

Res ipsa loquitur is not an arbitrary rule but rather `a common sense appraisal of the probative value of circumstantial evidence.' Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 520-523, 222 S.W.2d 889, 896."

The doctrine of res ipsa loquitur has been approved and applied in Tennessee Courts in numerous cases, and it would unduly prolong this opinion for us to review, discuss and distinguish the many cases where it has been applied. We refer particularly to the case of Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 222 S.W.2d 889, in which the opinion was prepared by the late and lamented Presiding Judge Anderson of this Court. A very illuminating discussion of the doctrine and application of res ipsa loquitur is to be found in that opinion.

it is not necessary that the defendant have control of the [object] at the time of the injury, but it is sufficient if he had exclusive control when the acts apparently causing the injury occurred, provided the plaintiff show that the condition of the [object] or its contents had not been changed after it left the defendant's possession. Boykin v. Chase Bottling Works, 32 Tenn. App. 508, 222 S.W.2d 889, 897 (1949) (declining to find exclusive control over a bottle that exploded when removed from an ice box in defendant's restaurant as customers regularly served themselves from the icebox and third parties had access to the icebox and its contents). In the instant case, Morris provided no evidence that Wal-Mart had exclusive control over the cooler.