Unformatted text preview: not in defendant’s control and was not managed by it. However, defendant still won when plaintiff had an unfair advantage of the improper instruction, so appeals affirmed. Holding: Broad: Narrow: It is not proper to use a res ipsa loquitur when the defendant did not have control or management over the incident. Synthesis: This adds a new element to the Res Ipsa Loquitur, one that is of “rational.” An -> unequal access to information. That’s the reason why res ipsa loquitur was not applicable in this case (says this court). Dissent/Concurrences:...
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- Fall '11
- Res ipsa loquitur, Res Ipsa, res ipsa liquitur