Utica Mutual Insurance v. Ripon Cooperative

Two issues are raised on this appeal:(1) Did the trial court err in giving the res ipsa loquitur instruction; and(2) Does the evidence support the apportionment of negligence?

The res ipsa loquitur instruction.

The res ipsa loquitur instruction given by the trial court reads as follows:

“. . . In addition thereto if you find that the defendant or its employees had exclusive control of the bulk feed truck involved in the fire, and if you further find that the fire claimed is of a type or kind that ordinarily would not have occurred had the defendant, or its employees, exercised ordinary care,…