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108. How should the judge rule?
In a negligence action brought by the injured passenger against the company that installed and maintained the elevator, the injured passenger has asked the trial judge to instruct the jury that it may find the company negligent on a theory of res ipsa loquitur. In response, the company has argued that the passenger's conduct caused his injuries.
A recently installed elevator suddenly started free-falling down the elevator shaft while carrying passengers. Frightened, a passenger pried the inside doors open and impulsively stuck his arm through them to try to stop the fall. As a result, his arm was broken. The elevator eventually stopped without causing further injuries.
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A is incorrect. To establish res ipsa, the plaintiff must show (i) the event that happened is one that usually does not occur absent the negligence of a party; (ii) the harm was caused by something in the defendant's exclusive control; and (iii) the plaintiff is not the one who caused the event to occur. Here, the company was exclusively in control of the elevator, and the injury is of a kind that would not have happened if the elevator had not malfunctioned, so the passenger's request for a res ipsa instruction should be granted.
B is incorrect. The passenger's negligence is relevant to the damages awarded, if any, but it is not a bar to a res ipsa instruction.
D is incorrect. The question of if the passenger acted reasonably or negligently is not relevant to whether a res ipsa instruction is appropriate, but rather to the amount of damages to assess against the company if they are found liable.