Morris v. Home Depot U.S.A., Inc.

I dissent because I agree with appellants that in this case, the court should have given a res ipsa loquitur instruction to the jury, and failure to do so resulted in harmful error to the appellants.

In this ease, the appropriateness vel non of the res ipsa instruction turned on a disputed issue of fact: Was the instrumentality which caused appellant’s injuries in the sole control of appellees? The appellees’ witnesses and evidence tended to show that a tall stack of boxes piled up on pallets in the aisle of a Home Depot Store fell on appellant and injured him because he pulled the stack over…