Goebel v. General Building Service Co.

I do not believe that the plaintiff’s action, should be dismissed. While the trial court’s instruction regarding res ipsa loquitur may necessitate a new trial, I must respectfully dissent from the direction for dismissal.

The defendant contractor was aware that there were loose stones in the upper regions of the building. At the time the plaintiff sustained his injury, the contractor had completed 30 percent of the reconstruction. In view of such facts, can it be said that this plaintiff has no case as a matter of law? In my opinion, there may be a valid cause of action for this plaintiff…