Unformatted text preview: management by defendant of the instrumentality 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: Even though the courts don’t know who actually caused they pain, they can at least put blame on the lead operative doctor who was performing the operation. This should at least allow the res ipsa loquitur to apply because, there was an injustice done, and someone has to be responsible for it. Holding: Broad: Narrow: When a person does not know who caused the negligent act, but the has a general idea of who did so in a group, then the doctrine of res ipsa loquitur can still apply. Synthesis: Dissent/Concurrences:...
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- Fall '11
- Res ipsa loquitur, Res Ipsa, Ybarra v. Spangard, Ybarra, 25 cal