Goodheart v. American Airlines, Inc.

I dissent and vote to affirm. This case went to the jury on the theory that the doctrine of res ipsa loquitur was solely applicable in accordance with a charge which although brief, was a correct exposition of that doctrine. The plaintiff did not request that the jury be charged that an inference of negligence might be drawn by them from the facts as distinguished from the presumption of law obtaining in a case governed by the doctrine of res ipsa loquitur. All requests to charge made by plaintiff were favorably passed upon and, by omitting to take an exception or to request a charge, the…