Boyer v. Iowa High School Athletic Ass'n

Boyer v. Iowa High School Athletic Ass'n - that a res ipsa...

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Boyer v. Iowa high school Athletic Ass’n 260 Iowa 1061 (1967) Fact: Operative Facts: A girl was on a bleacher that collapses inwards towards a wall when not used. While she was sitting 9 feet high up, the bleachers collapsed inwards and she fell. She used the doctrine of res ipsa loquitur. Issue: Whether res ipsa loquitur applies Rule: res ipsa loquitur applies when the defendant has management by defendant, and it was instrumental which causes the injury, and the occurrence is such as in the ordinary course of things would not happen if reasonable care had been used. Rational: The court held that there was no evidence that defendant offered that would subject otherwise
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Unformatted text preview: that a res ipsa loquitur applies. The defendant was responsible for the bleachers, and managed and had control over it. Also the injury could not occur if reasonable care had been used. Plantiff stated that they were not at fault for making the bleachers collapses. Holding: Broad: Narrow: If a bleacher collapses and there is no explanation on how it did so, they can assume it was from negligence of the defendant, through a res ipsa loquitur, because defendant had control over the bleachers, and no one else seemed to be at fault. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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