Unformatted text preview: the ordinary course of things would not happen if reasonable care had been used. Rational: The res ipsa liquitur doesn’t apply in this case because if we assume the injuries occurred after his arrest, the court still have to speculate to whether the injuries were received by the hands of city employees or fellow prisoners. Because of the huge uncertainty, they cannot use res ipsa liquitur. Holding: Broad: If a circumstance occurs where there is a question on who is in control or would have committed the act or crime, then a res ipsa liquitur does not apply. Narrow: Synthesis: Dissent/Concurrences:...
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- Fall '11
- Tort Law, Res ipsa loquitur, Louisville, Kentucky