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Zittrain Torts Playlist Spring 2013
Larson v. St. Francis Hotel
Should courts still apply the doctrine of res ipsa loquitur when a defendant does not have exclusive control over the object which harms the plaintiff? Plaintiff was struck on the head and knocked unconscious by a heavy, overstuffed armchair. At the time of impact, plaintiff was walking on the sidewalk near the defendant’s hotel. No witnesses saw the chair until it was a few feet from plaintiff’s head, nor was there any evidence identifying the chair as belonging to the hotel.
District Court of Appeal of the State of California
83 Cal. App. 2d 210
Civ. No. 13573
1948-01-12
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