This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Polly brings her car into George’s service station to have one tire replaced due to wear. George replaces that tire, and Polly happily drives off. One mile away, the wheel containing the new tire falls off, causing Polly’s car to hit a car at the side of the road. Polly sues George in negligence, and no other facts are presented. George brings a motion to dismiss, for a failure to state a claim.
Discuss how the judge should rule on George’s Motion to Dismiss.
What must be true for res ipsa to apply? Was someone negligent in this scenario?