Is res ipsa loquitur applicable in a motor vehicle accident?
The following excerpt is from Dunn v. Grand Canyon Airlines, Inc., 66 F.3d 334 (9th Cir. 1995):
Under Arizona law, res ipsa loquitur is applicable when 1) the accident is one that ordinarily does not occur absent negligence, 2) the accident was caused by an agency or instrumentality within the defendant's exclusive control, and 3) the plaintiff is not in a position to show the particular circumstance that caused the offending agency or instrumentality to cause his or her injury. Capps v. American Airlines 303 P.2d 717, 718 (Ariz.1956). 1 Grand Canyon contends that the appellees failed to establish each of these elements.
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