Keena v. Scales

Plaintiff appeals from a judgment for defendant in an action for personal injuries arising out of a fall from a chair on which plaintiff sat while conducting a business transaction in defendant’s office.

The sole issue presented on this appeal is whether the trial court committed prejudicial error in failing to give plaintiff’s proffered instruction on the doctrine of res ipsa loquitur.

Defendant made certain repairs to plaintiff’s automobile, and the parties entered defendant’s office for the purpose of drawing up the repair bill. Plaintiff sat on a swivel chair in *781front of defendant’s desk…