In a motor vehicle accident case, in what circumstances will a jury be able to award a $1.1m (1.2m) wrongful death verdict?

MultiRegion, United States of America

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

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