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Unformatted text preview: not in defendants 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. Thats the reason why res ipsa loquitur was not applicable in this case (says this court). 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 .
- Fall '11