Res Ipsa Loquitur

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• Nichols v. Barton
  201 F.2d 110· 10th Cir.· 1953-01-02 ·cited 10×
  The court held that the trial court did not err in refusing a res ipsa loquitur instruction when specific acts of negligence were alleged, nor in allowing an amendment to plead contributory negligence, nor in its instructions to the jury.
• Seeraty v. Philadelphia Coca-Cola Bottling Co., Inc.
  198 F.2d 264· 3d Cir.· 1952-07-18 ·cited 10×
  The court held that the trial court did not err in refusing the plaintiff's requested jury instruction, as the charge adequately covered negligence and the doctrine of res ipsa loquitur was inapplicable.
• Long v. Union Pac. R. Co.
  192 F.2d 788· 10th Cir.· 1951-11-01 ·cited 10×
  The court held that the facts presented a submissible case for the jury under the doctrine of res ipsa loquitur, despite the plaintiff's subordinate control over the instrumentality.
• United States v. Kesinger
  190 F.2d 529· 10th Cir.· 1951-06-22 ·cited 10×
  The court held that the pilot's negligence in allowing the aircraft to contact the ground and failing to maintain control proximately caused the crash, making the United States liable under the Federal Tort Claims Act.
• Wash. Gas Light Co. v. Biancaniello
  183 F.2d 982· D.C. Cir.· 1950-07-03 ·cited 10×
  The court held that there was sufficient evidence to support a jury finding that the explosion was caused by gas and that the appellant's negligence was the proximate cause of the resulting damages.
• Underwood v. Cap. Transit Co.
  183 F.2d 822· D.C. Cir.· 1950-05-29 ·cited 10×
  The court held that the trial court did not err in its rulings or instructions to the jury, and the judgment should be affirmed.
• D'Anna v. United States (two Cases)
  181 F.2d 335· 4th Cir.· 1950-04-11 ·cited 10×
  The court held that the government failed to rebut the presumption of liability under Maryland law for injuries caused by a falling gasoline tank from a naval aircraft.
• Boston & Me. R. R. v. Jesionowski
  154 F.2d 703· 1st Cir.· 1946-04-01 ·cited 10×
  The court held that the doctrine of res ipsa loquitur was improperly applied because the instrumentality causing the injury was not within the exclusive control of the railroad.
• Cap. Transit Co. v. Jackson
  149 F.2d 839· D.C. Cir.· 1945-06-18 ·cited 10×
  The court held that a passenger injured in a collision between a carrier's vehicle and another vehicle makes out a prima facie case against the carrier, allowing the jury to infer negligence.
• Daroca v. Metro. Life Ins. Co.
  121 F.2d 917· 5th Cir.· 1941-07-30 ·cited 10×
  The court held that a building owner is not liable for injuries to an independent contractor's employee caused by the contractor's negligence, nor is the owner liable to a third-party workman without proof of the owner's own negligence or a structural defect.
• Clark v. Polk Cnty.
  753 So. 2d 138· Fla. 2d DCA· 2000-02-09 ·cited 9×
  The estate of Jane Hargraves brought a wrongful death action after she was killed in an intersection collision caused by a missing stop sign. The court reversed a directed verdict for Polk County, finding the proximate causation question should go to a jury, and affirmed jury ver
• Eppie Keyes v. Tallahassee Mem'l Reg'l Med. Ctr.
  579 So. 2d 201· Fla. 1st DCA· 1991-04-22 ·cited 9×
  An elderly, post-surgical patient fell in a hospital and broke her hip. The trial court refused to instruct the jury on res ipsa loquitur, and the jury found no negligence. The appellate court reversed, holding that res ipsa loquitur should have been instructed because the patien
• Vivas v. SUN Alliance Ins. Co.
  807 F.2d 1102· 1st Cir.· 1986-12-29 ·cited 9×
  The dissenting judge believes the majority erred in applying res ipsa loquitur to infer negligence from an escalator malfunction without sufficient evidence.
• Beissel v. The Pittsburgh & Lake Erie R.R. Co.
  801 F.2d 143· 3d Cir.· 1986-09-15 ·cited 9×
• Lauck v. Publix Mkt., Inc.
  335 So. 2d 589· Fla. 3d DCA· 1976-06-22 ·cited 9×
  Betty Lauck was injured when a bottle of Canada Dry Gingerale purchased from Publix Market exploded in her hand. The trial court granted summary judgment for the defendants at a pre-trial conference, but the appellate court reversed, finding genuine issues of material fact existe
• Parker v. S/S Dorothe Olendorff
  483 F.2d 375· 5th Cir.· 1973-07-24 ·cited 9×
• Mercer v. Byrons
  200 F.2d 284· 1st Cir.· 1952-12-02 ·cited 9×
  The court held that it was error to instruct the jury on strict liability for an animal with dangerous propensities when the evidence did not support such a claim, requiring a new trial.
• M. F. Comer Bridge & Found. Co. v. Sheeran
  119 Fla. 543· Fla.· 1935-09-13 ·cited 9×
  A construction company employee superintendent was struck by a falling timber while overseeing derrick operations at a bridge construction site. The Florida Supreme Court reversed a $10,000 judgment for the plaintiff, finding that the trial court erroneously withdrew a defense pl
• Lopez v. Corporacion Insular de Seguros
  931 F.2d 116· 1st Cir.· 1991-04-19 ·cited 8×
  A private insurer of a state entity cannot assert the state's Eleventh Amendment immunity when sued under a direct action statute that grants a substantive claim against the insurer.
• Palmer v. Krueger
  897 F.2d 1529· 10th Cir.· 1990-03-05 ·cited 8×
  The court held that the trial court did not err in its jury instructions or evidentiary rulings, and that any minor errors were harmless.
• Acwoo Int'l Steel Corp. v. Toko Kaiun Kaish
  840 F.2d 1284· 6th Cir.· 1988-03-07 ·cited 8×
  The court held that the district court erred in finding the carrier liable without determining when the damage occurred and in awarding attorney's fees against the warehouseman without a statutory basis. The case is remanded for further proceedings.
• Ward v. United States
  838 F.2d 182· 6th Cir.· 1988-02-03 ·cited 8×
  The court held that the district court's finding that the surgeon did not breach the applicable standard of care was not clearly erroneous, and that medical articles could be considered as evidence even if not received as exhibits.
• Johnson v. Am. Airlines, Inc.
  834 F.2d 721· 9th Cir.· 1987-12-17 ·cited 8×
  The court held that human remains are 'goods' under the Warsaw Convention and that plaintiffs failed to allege facts sufficient to establish wilful misconduct or standing to sue under the Convention.
• van Leirsburg v. Sioux Valley Hosp.
  831 F.2d 169· 8th Cir.· 1987-10-13 ·cited 8×
  The court held that the trial court did not err in instructing the jury on res ipsa loquitur, nor did the judge's questioning deny the defendant a fair trial.
• Stillman v. Norfolk & W. Ry. Co.
  811 F.2d 834· 4th Cir.· 1987-02-17 ·cited 8×
  The court held that the doctrine of res ipsa loquitur was inapplicable because the instrumentality causing the injury was not within the defendant's exclusive control, and any potential inference of negligence was not so clear as to warrant judgment n.o.v. The court also affirmed
• Campbell v. Otis Elevator Co.
  808 F.2d 429· 5th Cir.· 1987-01-27 ·cited 8×
  The court held that the trial court erred in instructing the jury on the doctrine of res ipsa loquitur and in imposing a common carrier's high standard of care on an elevator maintenance contractor, requiring reversal and remand for a new trial.
• Lord v. J.B. Ivey & Co. & Otis Elevator Co.
  499 So. 2d 12· Fla. 1st DCA· 1986-12-08 ·cited 8×
  The Lords appealed a jury verdict dismissing their personal injury claim arising from an escalator malfunction at a department store. The appellate court reversed, finding the trial court improperly denied a res ipsa loquitur jury instruction by applying an incorrect legal standa
• United States v. Baycon Indus., Inc.
  804 F.2d 630· 11th Cir.· 1986-11-18 ·cited 8×
  The court held that the district court did not err in applying the doctrine of res ipsa loquitur to find the owners negligent for the sinking of the dredge under Section 15 of the Rivers and Harbors Act.
• Londono v. Wash. Metro. Area Transit Auth. V. Westinghouse Elec. Corp.
  766 F.2d 569· D.C. Cir.· 1985-07-02 ·cited 8×
  The court held that the facts plaintiffs may be able to prove are sufficient to support a res ipsa loquitur theory, allowing the case to proceed.
• Waterbury v. Byron Jackson, Inc.
  576 F.2d 1095· 5th Cir.· 1978-07-20 ·cited 8×
  The court held that the doctrine of res ipsa loquitur was inapplicable because the trial court found the accident was most likely caused by the plaintiff's own negligence, and the standard of care for an expert contractor was correctly applied.
• Grumman Aerospace Corp. v. The United States
  579 F.2d 586· Ct. Cl.· 1978-06-14 ·cited 8×
  The court should not dismiss any part of the petition and should remand all parts of the claim to the NASA Board for determination of quantum.
• Mendiola v. Hart
  561 F.2d 1207· 5th Cir.· 1977-10-28 ·cited 8×
  A district court cannot dismiss a diversity action solely because a related state court action is pending.
• United States v. Various Articles OF Obscene Merchandise
  562 F.2d 185· 2d Cir.· 1977-09-15 ·cited 8×
  The court held that the federal statute's venue provision for obscenity determinations, requiring application of the community standard at the port of seizure, is constitutional.
• Goodyear Tire & Rubber Co. & Travelers Ins. Co. v. Hughes Supply, Inc.
  336 So. 2d 1221· Fla. 4th DCA· 1976-08-27 ·cited 8×
  The doctrine of res ipsa loquitur is a rule of evidence that applies in products liability cases where the plaintiff presents sufficient evidence of due care in handling and use after the product leaves the manufacturer's control, and the injury would not ordinarily occur absent
• Clemistine Steele v. Royal Crown Cola Bottling Co.
  335 So. 2d 586· Fla. 3d DCA· 1976-06-22 ·cited 8×
  A customer injured when a Royal Crown Cola bottle exploded in her hand appeals a directed verdict in favor of the bottler. The court reverses, holding that the plaintiff presented sufficient evidence to invoke the doctrine of res ipsa loquitur, which required denial of the direct
• Commercial Union Ins. Co. v. Street
  327 So. 2d 113· Fla. 2d DCA· 1976-02-20 ·cited 8×
  The court held that the doctrine of res ipsa loquitur can apply to an elevator company's liability for a malfunction, even with a contract stating the building owner has possession and control, if the company manufactured, installed, and exclusively maintained the elevator.
• Sanderson v. Chapman
  487 F.2d 264· 9th Cir.· 1973-10-31 ·cited 8×
  The court reversed a lower court's decision that a decedent's will granting his wife his homestead property was invalid, holding that the devise was permissible as there were no minor children.
• Bianchini v. Humble Pipe Line Co.
  480 F.2d 251· 5th Cir.· 1973-04-17 ·cited 8×
  The court held that the trial court correctly dismissed the claims because the oil spill was caused solely by an unknown vessel, not by the pipeline owner's negligence, and Louisiana law does not impose strict liability for damages caused by such superseding intervening events.
• Norland v. Wash. Gen. Hosp.
  461 F.2d 694· 8th Cir.· 1972-05-05 ·cited 8×
  The court held that the admission of certain expert testimony was improper due to its basis on unintroduced depositions and the improper limitation of cross-examination regarding expert bias, requiring reversal and a new trial for the obstetrician. The dismissal of the hospital a
• Raritan Trucking Corp. v. Aero Commander, Inc.
  458 F.2d 1106· 3d Cir.· 1972-04-14 ·cited 8×
  The court held that the evidence presented a prima facie case for negligence, warranting submission to the jury, but that strict liability in tort was not applicable to a service provider in this context.
• Zimmerman v. Safeway Stores, Inc.
  410 F.2d 1041· D.C. Cir.· 1969-03-20 ·cited 8×
  The court held that the trial court erred in granting directed verdicts, as there was sufficient evidence of negligence and causation to warrant jury consideration for both the wrongful death and general damages claims.
• Garland Moore v. Guthrie Hosp., Inc.
  403 F.2d 366· 4th Cir.· 1968-10-29 ·cited 8×
  The court held that the evidence conclusively showed the doctor was not at fault, but the case against the hospital presented jury questions regarding the nurse's negligence and causation.
• United Fruit Co. v. Marine Terminals Corp.
  376 F.2d 1007· 9th Cir.· 1967-04-13 ·cited 8×
  The court held that the shipowner failed to prove the stevedore's negligence, thus the indemnity claim based on the contract and implied warranty of workmanlike service failed.
• Holfester v. The Long Island R.R. Co.
  360 F.2d 369· 2d Cir.· 1966-05-10 ·cited 8×
  The court held that the Boiler Inspection Act applies to a car undergoing temporary inspection on a live track, and an inspector injured by a defect in such a car can recover under the Act's absolute liability provisions.
• Sears v. The Cleveland Tr. Co.
  355 F.2d 705· 6th Cir.· 1966-02-08 ·cited 8×
  The court held that the two-year statute of limitations for personal property damage applies to a breach of contract claim for property damage arising from a lease covenant, and that the exclusion of evidence of local trade custom was proper.
• MacHanic v. Storey
  317 F.2d 151· D.C. Cir.· 1963-03-21 ·cited 8×
  The court held that a directed verdict for the defendant was proper because the plaintiff failed to prove any negligent act or omission and the doctrine of res ipsa loquitur was inapplicable.
• S. Pac. Co. v. Sixto B. Villarruel
  307 F.2d 414· 9th Cir.· 1962-08-20 ·cited 8×
  The court held that the jury instructions on res ipsa loquitur were adequate and that the defendant waived review of certain grounds for objection.
• Mrs. Ruth Frisby v. Olin Mathieson Chem. Corp.
  279 F.2d 939· 8th Cir.· 1960-06-29 ·cited 8×
  The court held that the trial court erred in granting a directed verdict, as questions of whether the deceased was a guest and whether the employer had knowledge of rule violations were for the jury.
• City Specialty Stores, Inc. v. Odie Alex Bonner and Barbara B. Bonner
  252 F.2d 501· 6th Cir.· 1958-02-24 ·cited 8×
  The court held that the evidence was sufficient to submit the issues of negligence and contributory negligence to the jury, and that the plaintiff's knowledge of a slippery floor did not, as a matter of law, bar recovery.
• N. Am. Aviation, Inc. v. Hughes
  247 F.2d 517· 9th Cir.· 1957-08-09 ·cited 8×
  The court held that there was substantial evidence to support the jury's verdict that the aircraft manufacturer was responsible for the fatal crash due to a mechanical defect.