The following excerpt is from Tappero v. Southern Pacific Transp. Co., 859 F.2d 154 (9th Cir. 1988):
We also find merit in plaintiffs' contention that the doctrine of res ipsa loquitur supports the verdict as a matter of law. Whether the permissive inference of negligence supplied by that doctrine applies on a given set of facts is a question of law reviewed de novo. Ashland v. Ling-Temco-Vought, Inc., 711 F.2d 1431, 1437 (9th Cir.1983). Under the doctrine, proof that a particular accident occurred permits a jury to draw an inference of negligence where the evidence establishes that the injury producing event was (1) of a type that ordinarily does not occur in the absence
Page 154
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.