Krebs v. Corrigan
321 A.2d 558 · District of Columbia Court of Appeals · 1974
Facts
An artist allowed a man, Bronson, to fix a car in his studio. While the artist was on the phone, Bronson inexplicably "flew through the air" and landed on four of the artist's plexiglass sculptures, destroying them. The trial court granted a directed verdict for the defendants, finding the plaintiff failed to show what caused Bronson to fall.
Issue
Did the trial court err in granting a directed verdict by finding that the plaintiff failed to establish a prima facie case of negligence, specifically regarding the applicability of res ipsa loquitur? Can res ipsa loquitur apply when the accident-producing instrumentality is a human body, and when an eyewitness-defendant is available but not called by the plaintiff?
Holding
The court reversed the directed verdict and remanded for a new trial, holding that res ipsa loquitur was applicable. The plaintiff's evidence was sufficient to raise an inference of negligence, requiring the defendants to present their proof.
Rule
Res ipsa loquitur applies when: 1) the cause of the accident is known, 2) the accident-producing instrumentality is under the exclusive control of the defendant, and 3) the instrumentality is unlikely to do harm without negligence. This doctrine can apply even if the instrumentality is a human body or if the defendant is an eyewitness not called by the plaintiff.
Read the full opinion on CourtListener
Case brief last reviewed . Prepared by CaseReader from the published opinion.