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Marx v. Huron Little Rock

11/10/2004

met, they are permitted but not required to infer that the defendant was negligent. Additionally, given the circumstances surrounding the incident in this case, there was "some basis in the evidence" from which the jury could have inferred appellee's negligence from the fact of the injury itself, i.e., that the toilet lid, in the ordinary course of things, would not have detached from the toilet assembly if appellee had used proper care.


In light of the foregoing, we reverse and remand this case for a new trial.


Bird and Roaf, JJ., agree.






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