res ipsa doctrine in Ohio

8 Ohio opinions name it 3 courts 1929–2008 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

Case	Followed	Cited
Hake v. George Wiedemann Brewing Co.green ohio · 1970 · cited in 2 Ohio opinions naming this issue, 2005–2008 2 sentences 2008They have argued, however, that the evidence before the trial court did not satisfy the second requirement for a res ipsa instruction: "that the injury occurred under such circumstances that in the ordinary course of events it would not have occurred if ordinary care had been observed." Page 8 Hake , 23 Ohio St. 2d at 66 -67 . 2005*See, Hake v. George Wiedemann Brewing Co. (1970), 23 Ohio St.2d 65 . {¶ 37} Appellants argue appellee did in fact have exclusive control over the staircase; therefore, the res ipsa doctrine applies.	1	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Glowacki v. North Western Ohio Ry. & Power Co. green · 1927 2 sentences 1939We are content, on the question of the application of the res ipsa doctrine in this case, to rest our views on the authority of Glowacki v. North Western Ohio Ry. & P. Co., 116 Ohio St., 451 , 157 N. E., 21 , 53 A. L. 1939We are content, on the question of the application of the res ipsa doctrine in this case, to rest our views on the authority of Glowacki v. North Western Ohio Ry. & P. Co., 116 Ohio St., 451 , 157 N. E., 21 , 53 A. L.	2	1929–1939
Wiley v. Gibson green ohioctapp · 1990 2 sentences 1996Wiley v. Gibson (1990), 70 Ohio App.3d 463, 465 , 591 N.E.2d 382, 384 . 1996Wiley v. Gibson (1990), 70 Ohio App.3d 463, 465 , 591 N.E.2d 382, 384 .	1	1996–1996
Shields v. King green ohioctapp · 1973 2 sentences 1993Shield [Shields] versus King [ (1973) ], 40 Ohio App.2d 77 [ 69 O.O.2d 57 , 317 N.E.2d 922 ], a 1983 case, has never been overruled. * * * In this case * * * the person who have [sic ] joint control, that is, Dr. Chambers and his employer and Dr. Crino, are not all before the Court. 1993Shield [Shields] versus King [ (1973) ], 40 Ohio App.2d 77 [ 69 O.O.2d 57 , 317 N.E.2d 922 ], a 1983 case, has never been overruled. * * * In this case * * * the person who have [sic ] joint control, that is, Dr. Chambers and his employer and Dr. Crino, are not all before the Court.	1	1993–1993
Oberlin v. Friedman green ohio · 1965 1 sentence 1975But this “evidence”, does' npt constitute a sufficient foundation, uppn which to build cause of action. ■ “generally, the doctrine of - res ipsa loquitur is not applicable in malpractice actions in which its. claimed applicability is based solely upon the fact that the treatment was unsuccessful or terminated with poor Oí unfortunate results.” Oberlin v. Friedman (1965), 5 Ohio St. 2d 1 , paragraph three o£ the syllabus.	1	1975–1975
Maybach v. Falstaff Brewing Corp. green · 1949 2 sentences 1964The court cited the case of Maybach v. Falstaff Brewing Corp., 359 Mo., 446, 453 , 222 S. W. (2d), 87 , where the Supreme Court of Missouri said: “An essential element of the res ipsa doctrine is that proof of the occurrence and attendant circumstances shall point, prima facie, to negligence on the part of the defendant. 1964The court cited the case of Maybach v. Falstaff Brewing Corp., 359 Mo., 446, 453 , 222 S. W. (2d), 87 , where the Supreme Court of Missouri said: “An essential element of the res ipsa doctrine is that proof of the occurrence and attendant circumstances shall point, prima facie, to negligence on the part of the defendant.	1	1964–1964
Trust v. Arden Farms Co. green cal · 1958 1 sentence 1964In a recent case, Trust v. Arden Farms Co. (1958), 50 Cal. (2d), 217, 220, 324 P. (2d), 583 , where the plaintiff had sued the retailer and bottle manufacturer for injuries sustained when a milk (inert product) bottle broke in his hand, the Supreme Court of California held that the res ispa loquitur doctrine was not applicable to either defendant, saying: “ * * * A plaintiff seeking to invoke the doctrine of res ipsa loquitur against a defendant who at a time prior to the accident has relinquished all control of the instrumentality causing the injury must affirmatively establish that the condi	1	1964–1964
Sweeney v. Erving green scotus · 1913 2 sentences 1939R., 1486; Weller, Exrx., v. Worstall, 129 Ohio St., 596 , 196 N. E., 637 ; Sweeney v. Erving, 228 U. S., 233 , 57 L. 1939R., 1486; Weller, Exrx., v. Worstall, 129 Ohio St., 596 , 196 N. E., 637 ; Sweeney v. Erving, 228 U. S., 233 , 57 L.	1	1939–1939
Weller, Exrx. v. Worstall green · 1935 2 sentences 1939R., 1486; Weller, Exrx., v. Worstall, 129 Ohio St., 596 , 196 N. E., 637 ; Sweeney v. Erving, 228 U. S., 233 , 57 L. 1939R., 1486; Weller, Exrx., v. Worstall, 129 Ohio St., 596 , 196 N. E., 637 ; Sweeney v. Erving, 228 U. S., 233 , 57 L.	1	1939–1939

Where else courts name it

MO 58 (1931–2004) CA 37 (1934–2013) TX 34 (1972–2025) IL 27 (1926–2026) IA 25 (1915–2026) NY 22 (1943–2019) NJ 18 (1950–2026) FL 16 (1946–2017) LA 14 (1942–2017) PA 12 (1979–2023) MN 12 (1921–2023) AZ 9 (1955–2008) MD 9 (1970–2011) OH 8 (1929–2008) NC 7 (1906–2013) TN 7 (1946–2011) MT 6 (1918–1983) ME 5 (1946–2021) OR 5 (1951–2011) IN 5 (1928–2007) UT 4 (1984–1996) KY 4 (1944–1957) WI 4 (1975–2022) CO 4 (1960–2009) ID 3 (1949–1979) CT 3 (1947–1999) DC 3 (1970–2026) OK 3 (1952–1997) NM 3 (1992–1996) MS 3 (1970–2022) AR 3 (1968–2001) SD 2 (1975–1981) SC 2 (1958–1984) GA 2 (1958–1975) KS 2 (1934–2000) MA 2 (1996–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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