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Keywords

plaintiffnegligenceappealtrialjury instructions

lawsuitplaintiffdefendantnegligenceliabilitytrialplea

Related Cases

Vogreg v. Shepard Ambulance Co., 47 Wash.2d 659, 289 P.2d 350

Facts

Mrs. Vogreg ordered an ambulance to transport her husband, who was a paralytic, to their new residence. During the journey, Mrs. Vogreg felt a 'little jar,' and the door of the ambulance opened, causing her to fall out. The trial court previously ruled that Mrs. Vogreg was a guest in the ambulance and that res ipsa loquitur did not apply, but this was reversed on appeal, leading to a retrial where similar facts were established.

In the prior trial of this cause, the trial court held, as a matter of law, (a) that Mrs. Vogreg was a guest in defendant's ambulance, and (b) that the doctrine of res ipsa loquitur did not apply to the facts, so that the permissible inferences which would be raised by it were not present to carry the case to the jury.

Issue

Did the trial court err in refusing to give the plaintiffs' proposed jury instructions regarding the doctrine of res ipsa loquitur?

Plaintiffs argue their first two assignments of error, directed to instructions Nos. 3 and 8, by posing the question: ‘Does the doctrine of res ipsa loquitur apply only to such negligence as specifically alleged?’

Rule

The doctrine of res ipsa loquitur allows a jury to infer negligence from an accident that ordinarily would not occur without negligence, but it must be applicable to the specific allegations and proof presented in the case.

No special witchcraft is invoked by murmuring the Latin phrase, res ipsa loquitur. It does not cause the rules of pleading and practice to take flight. It does not remove the necessity of proof from a lawsuit. It adds nothing which is not already there.

Analysis

The court analyzed the instructions given to the jury and determined that the instruction on res ipsa loquitur was sufficient and correctly stated the law. The plaintiffs' proposed instructions did not accurately reflect the doctrine as it applied to their specific case, and thus the court found no error in the trial court's refusal to give those instructions.

Due to the nature of this case, plaintiffs' specific allegations and proof of negligence (although the jury might have found them sufficient to establish defendant's liability) do not prevent the application of res ipsa loquitur.

Conclusion

The Supreme Court affirmed the trial court's judgment, concluding that the refusal to give the plaintiffs' proposed instructions was not an error.

The refusal of plaintiffs' proposed instructions Nos. 3 and 4 was not error, for they did not correctly state the doctrine of res ipsa loquitur as it is applicable to the pleadings and proof of the instant case.

Who won?

Shepard Ambulance Service, Inc. prevailed because the court found that the trial court's instructions were appropriate and that the plaintiffs' proposed instructions did not correctly state the applicable law.

The Supreme Court affirmed the trial court's judgment, concluding that the refusal to give the plaintiffs' proposed instructions was not an error.

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