res ipso loquitur doctrine (California) · Go Syfert
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res ipso loquitur doctrine in California

7 California opinions name it 2 courts 1927–1981 0 in the last five years

The cases below were cited by California 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 (3)

CaseFollowedCited
Folk v. Kilkgreen
calctapp · 1975 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

1981With regard to the second and third requirement for the application invoking of the res ipso loquitur doctrine, we note the case of Folk v. Kilk (1975) 53 Cal.App.3d 176, 184 [ 126 Cal.Rptr. 172 ], where the court cited both the rules of Ybarra and Zentz, supra, and indicated “[i]n malpractice cases arising out of surgical procedures, satisfaction of the second and third elements of Ybarra rule are usually inherent in the situation because the patient is under the exclusive control of the doctors or hospital and in no condition to perform a voluntary action that might contribute to his injury.

1981With regard to the second and third requirement for the application invoking of the res ipso loquitur doctrine, we note the case of Folk v. Kilk (1975) 53 Cal.App.3d 176, 184 [ 126 Cal.Rptr. 172 ], where the court cited both the rules of Ybarra and Zentz, supra, and indicated “[i]n malpractice cases arising out of surgical procedures, satisfaction of the second and third elements of Ybarra rule are usually inherent in the situation because the patient is under the exclusive control of the doctors or hospital and in no condition to perform a voluntary action that might contribute to his injury.

11
Slater v. Kehoegreen
calctapp · 1974 · cited in 1 California opinions naming this issue, 1978–1978
2 sentences

1978They are that “the injury (1) is of a kind that ordinarily does not occur in the absence of someone’s negligence; (2) is caused by an agency or instrumentality within the exclusive control of the defendant; and (3) is not due to any voluntary action or contribution on the part of the plaintiff . .. .” (Slater v. Kehoe (1974) 38 Cal.App.3d 819, 829 [ 113 Cal.Rptr. 790 ].) If the plaintiff establishes the basic facts of the res ipso loquitur presumption and the defendant does not contest the existence of these basic facts, but disputes the existence of the presumed fact — that defendant’s neglig

1978They are that “the injury (1) is of a kind that ordinarily does not occur in the absence of someone’s negligence; (2) is caused by an agency or instrumentality within the exclusive control of the defendant; and (3) is not due to any voluntary action or contribution on the part of the plaintiff . .. .” (Slater v. Kehoe (1974) 38 Cal.App.3d 819, 829 [ 113 Cal.Rptr. 790 ].) If the plaintiff establishes the basic facts of the res ipso loquitur presumption and the defendant does not contest the existence of these basic facts, but disputes the existence of the presumed fact — that defendant’s neglig

11
Roberts v. Bank of America National Trust & Savings Ass'ngreen
calctapp · 1950 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955We are of the opinion that the evidence is sufficient, but we are also of the opinion that the jury, under appropriate instructions, should have been permitted to determine whether each of the conditions necessary to bring into play the rule of res ipso loquitur were present (Roberts v. Bank of America, 97 Cal.App.2d 133, 137 [ 217 P.2d 129 ]).

1955We are of the opinion that the evidence is sufficient, but we are also of the opinion that the jury, under appropriate instructions, should have been permitted to determine whether each of the conditions necessary to bring into play the rule of res ipso loquitur were present (Roberts v. Bank of America, 97 Cal.App.2d 133, 137 [ 217 P.2d 129 ]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Newing v. Cheatham green
cal · 1975
1 sentence

1981In further support of the trial court’s conclusion that the first condition for the invocation of the res ipso loquitur was satisfied, we find in Newing v. Cheatham, supra, 15 Cal.3d 351, 361 , the Supreme Court’s observation: “As we previously noted, the first condition for invocation of the res ipso doctrine is satisfied if under the facts of the case, common experience indicates that the-accident would not have occurred unless there had been negligence on the part of some one..” (Italics added.) Such rule fits here.

11981–1981
Rimmele v. Northridge Hospital Foundation green
calctapp · 1975
1 sentence

1978It was explained in Rimmele , quoting from the Law Revision Commission’s comment (1970 addition) to Evidence Code section 646, *44 “ ‘[b]ecause of the evidence contesting the presumed conclusion of negligence, the presumptive effect of the doctrine vanishes, and the greatest effect the doctrine can have in the case is to support an inference that the accident resulted from the defendant’s negligence....’” ( Rimmele, supra, 46 Cal.App.3d 123, 130 .) Thus, the jury makes the determination of whether to draw an inference of negligence.

11978–1978
White v. Spreckels green
calctapp · 1909
2 sentences

1942A similar situation was presented in White v. Spreckels, 10 Cal.App. 287 [ 101 P. 920 ].

1942A similar situation was presented in White v. Spreckels, 10 Cal.App. 287 [ 101 P. 920 ].

11942–1942
Wright v. Southern Counties Gas Co. neutral
calctapp · 1929
2 sentences

1942In Hohnemann v. Pacific Gas & Elec *376 trie Co., 35 Cal.App.2d 597 [ 96 P.2d 350 ]; Ingledue v. Davidson, 102 Cal.App. 703 [ 283 P. 840 ], and Wright v. Southern Counties Gas Co., 102 Cal.App. 656 [ 283 P. 823 ], the places from which the gas escaped were on the premises of consumers, which places were not under the exclusive control of the parties sought to be charged.

1942In Hohnemann v. Pacific Gas & Elec *376 trie Co., 35 Cal.App.2d 597 [ 96 P.2d 350 ]; Ingledue v. Davidson, 102 Cal.App. 703 [ 283 P. 840 ], and Wright v. Southern Counties Gas Co., 102 Cal.App. 656 [ 283 P. 823 ], the places from which the gas escaped were on the premises of consumers, which places were not under the exclusive control of the parties sought to be charged.

11942–1942
Ingledue v. Davidson neutral
calctapp · 1929
2 sentences

1942In Hohnemann v. Pacific Gas & Elec *376 trie Co., 35 Cal.App.2d 597 [ 96 P.2d 350 ]; Ingledue v. Davidson, 102 Cal.App. 703 [ 283 P. 840 ], and Wright v. Southern Counties Gas Co., 102 Cal.App. 656 [ 283 P. 823 ], the places from which the gas escaped were on the premises of consumers, which places were not under the exclusive control of the parties sought to be charged.

1942In Hohnemann v. Pacific Gas & Elec *376 trie Co., 35 Cal.App.2d 597 [ 96 P.2d 350 ]; Ingledue v. Davidson, 102 Cal.App. 703 [ 283 P. 840 ], and Wright v. Southern Counties Gas Co., 102 Cal.App. 656 [ 283 P. 823 ], the places from which the gas escaped were on the premises of consumers, which places were not under the exclusive control of the parties sought to be charged.

11942–1942
Godfrey v. Brown green
cal · 1934
2 sentences

1942(See Godfrey v. Brown, 220 Cal. 57 [ 29 Pac. (2d) 165 , 93 A. L.

1942(See Godfrey v. Brown, 220 Cal. 57 [ 29 Pac. (2d) 165 , 93 A. L.

11942–1942
Brunig v. Pacific Gas & Electric Co. neutral
calctapp · 1934
2 sentences

1942(Compare Brunig v. Pacific Gas & Electric Co., 140 Cal.App. 254 [ 35 P.2d 226 ].) It was not until after defendant had introduced evidence tending to show its freedom from negligence with respect to the admitted leak thát plaintiff introduced evidence tending to show that defendant was not free from negligence with respect thereto.

1942(Compare Brunig v. Pacific Gas & Electric Co., 140 Cal.App. 254 [ 35 P.2d 226 ].) It was not until after defendant had introduced evidence tending to show its freedom from negligence with respect to the admitted leak thát plaintiff introduced evidence tending to show that defendant was not free from negligence with respect thereto.

11942–1942
Hohnemann v. Pacific Gas & Electric Co. neutral
calctapp · 1939
2 sentences

1942In Hohnemann v. Pacific Gas & Elec *376 trie Co., 35 Cal.App.2d 597 [ 96 P.2d 350 ]; Ingledue v. Davidson, 102 Cal.App. 703 [ 283 P. 840 ], and Wright v. Southern Counties Gas Co., 102 Cal.App. 656 [ 283 P. 823 ], the places from which the gas escaped were on the premises of consumers, which places were not under the exclusive control of the parties sought to be charged.

1942In Hohnemann v. Pacific Gas & Elec *376 trie Co., 35 Cal.App.2d 597 [ 96 P.2d 350 ]; Ingledue v. Davidson, 102 Cal.App. 703 [ 283 P. 840 ], and Wright v. Southern Counties Gas Co., 102 Cal.App. 656 [ 283 P. 823 ], the places from which the gas escaped were on the premises of consumers, which places were not under the exclusive control of the parties sought to be charged.

11942–1942
In Re Silva green
cal · 1931
2 sentences

1939(In re Silva, 213 Cal. 446 [ 2 Pac. (2d) 341 ].) It is further contended by appellant that it was not in such control of the premises where the accident occurred as to justify the application of the doctrine of res ipso loquitur.

1939(In re Silva, 213 Cal. 446 [ 2 Pac. (2d) 341 ].) It is further contended by appellant that it was not in such control of the premises where the accident occurred as to justify the application of the doctrine of res ipso loquitur.

11939–1939
Lawrence v. Pickwick Stages, Northern Division, Inc. green
calctapp · 1924
2 sentences

1927The general rule is well *229 settled that the overturning of a vehicle operated by a common carrier raises an inference of negligence under the doctrine of res ipso loquitur. (4 Cal. Jur., sec. 119, p. 980; Dowd v. Atlas T. & A. Service Co., 187 Cal. 523 [ 202 Pac. 870 ]; Lawrence v. Pickwick Stages, 68 Cal. App. 494 [ 229 Pac. 885 ] ; Lawrence v. Green, 70 Cal. 417 [ 59 Am.

1927The general rule is well *229 settled that the overturning of a vehicle operated by a common carrier raises an inference of negligence under the doctrine of res ipso loquitur. (4 Cal. Jur., sec. 119, p. 980; Dowd v. Atlas T. & A. Service Co., 187 Cal. 523 [ 202 Pac. 870 ]; Lawrence v. Pickwick Stages, 68 Cal. App. 494 [ 229 Pac. 885 ] ; Lawrence v. Green, 70 Cal. 417 [ 59 Am.

11927–1927
Zerbe v. United Railroads of S. F. neutral
calctapp · 1922
2 sentences

1927Co., 191 Cal. 295 [ 216 Pac. 595 ]; McKeon v. Lissner, 193 Cal. 309 [ 223 Pac. 965 ].) In Zerbe v. United Railroads of San Francisco, 56 Cal. App. 583 [ 205 Pac. 887 ], where the allegations in the complaint were very similar to those in the complaint in the instant case, it was held that the doctrine of res ipso loquitur applied.

1927Co., 191 Cal. 295 [ 216 Pac. 595 ]; McKeon v. Lissner, 193 Cal. 309 [ 223 Pac. 965 ].) In Zerbe v. United Railroads of San Francisco, 56 Cal. App. 583 [ 205 Pac. 887 ], where the allegations in the complaint were very similar to those in the complaint in the instant case, it was held that the doctrine of res ipso loquitur applied.

11927–1927
Marovich v. Central California Traction Co. green
cal · 1923
1 sentence

1927Co., 191 Cal. 295 [ 216 Pac. 595 ]; McKeon v. Lissner, 193 Cal. 309 [ 223 Pac. 965 ].) In Zerbe v. United Railroads of San Francisco, 56 Cal. App. 583 [ 205 Pac. 887 ], where the allegations in the complaint were very similar to those in the complaint in the instant case, it was held that the doctrine of res ipso loquitur applied.

11927–1927
McKeon v. Lissner green
cal · 1924
1 sentence

1927Co., 191 Cal. 295 [ 216 Pac. 595 ]; McKeon v. Lissner, 193 Cal. 309 [ 223 Pac. 965 ].) In Zerbe v. United Railroads of San Francisco, 56 Cal. App. 583 [ 205 Pac. 887 ], where the allegations in the complaint were very similar to those in the complaint in the instant case, it was held that the doctrine of res ipso loquitur applied.

11927–1927
Dowd v. Atlas Taxicab & Auto Service Co. green
cal · 1921
2 sentences

1927The general rule is well *229 settled that the overturning of a vehicle operated by a common carrier raises an inference of negligence under the doctrine of res ipso loquitur. (4 Cal. Jur., sec. 119, p. 980; Dowd v. Atlas T. & A. Service Co., 187 Cal. 523 [ 202 Pac. 870 ]; Lawrence v. Pickwick Stages, 68 Cal. App. 494 [ 229 Pac. 885 ] ; Lawrence v. Green, 70 Cal. 417 [ 59 Am.

1927The general rule is well *229 settled that the overturning of a vehicle operated by a common carrier raises an inference of negligence under the doctrine of res ipso loquitur. (4 Cal. Jur., sec. 119, p. 980; Dowd v. Atlas T. & A. Service Co., 187 Cal. 523 [ 202 Pac. 870 ]; Lawrence v. Pickwick Stages, 68 Cal. App. 494 [ 229 Pac. 885 ] ; Lawrence v. Green, 70 Cal. 417 [ 59 Am.

11927–1927
Lawrence v. Green green
cal · 1886
2 sentences

1927Rep. 428 , 11 Pac. 750 ]; Boyce v. California Stage Co., 25 Cal. 468 .) This doctrine still applies, even though there be specific as well as general allegations of negligence in the complaint.

1927The general rule is well *229 settled that the overturning of a vehicle operated by a common carrier raises an inference of negligence under the doctrine of res ipso loquitur. (4 Cal. Jur., sec. 119, p. 980; Dowd v. Atlas T. & A. Service Co., 187 Cal. 523 [ 202 Pac. 870 ]; Lawrence v. Pickwick Stages, 68 Cal. App. 494 [ 229 Pac. 885 ] ; Lawrence v. Green, 70 Cal. 417 [ 59 Am.

11927–1927

Where else courts name it

MA 36 (1909–2006) NY 29 (1901–2014) CA 7 (1927–1981) DE 6 (1947–1963) IN 4 (1986–2008) SC 2 (1967–1969) IL 2 (1969–1995)

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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