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Minto v. Sprague6/16/2005
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Considering all the circumstantial evidence and inferences in the light most favorable to plaintiffs, we conclude that it is at least equally likely that an act other than defendant's negligence caused plaintiffs' injury. Therefore, the trial court correctly rejected plaintiff's proposed instruction and held that, as a matter of law, res ipsa loquitur did not apply.
The judgment is affirmed.
JUDGE MARQUEZ and JUDGE LOEB concur.
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