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Dover Elevator Co. v. Swann3/25/1994
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Thus, if a trial judge possesses discretion to refuse to give a specific res ipsa loquitur instruction and decides not to give the instruction, the judge may not negate an attorney's potential arguments concerning permissible inferences where the doctrine may apply. In the instant case, the trial judge did not give a res ipsa loquitur instruction, however, the judge also negated the attorney's potential argument concerning the permissible inferences underlying the doctrine. The judge specifically instructed the jury that "the mere occurrence of an accident does not mean that someone was negligent." Because res ipsa loquitur is not applicable to the instant case, the instruction was correct, and we need not reach the question of whether the judge properly exercised his discretion in refusing to give an instruction on that basis.
In the instant case, the plaintiff offered direct evidence that purported to render an explanation of the cause of elevator number two's misleveling. In addition, because of the complex and technical nature of the probable cause of this accident, the plaintiff used expert testimony in order to support an inference of negligence. For all of these reasons, the doctrine of res ipsa loquitur was inapplicable to the evidence before the jury, and the trial judge committed no error in refusing to give the requested instruction.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED, AND CASE REMANDED TO THAT COURT WITH DIRECTIONS TO REINSTATE THE JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY. RESPONDENT TO PAY COSTS.
Disposition
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED, AND CASE REMANDED TO THAT COURT WITH DIRECTIONS TO REINSTATE THE JUDGMENT OF THE CIRCUIT COURT FOR MONTGOMERY COUNTY. RESPONDENT TO PAY COSTS.
Judges Footnotes
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