Jennings Buick, Inc. v. City of Cincinnati

In its first proposition of law, appellant contends that the right to rely upon the doctrine of res ipsa loquitur is waived where the plaintiff fails to indicate such reliance prior to the conclusion of trial. We disagree.

The doctrine of res ipsa loquitur is not a substantive rule of law furnishing an independent ground for recovery; rather, it is an evidentiary rule which permits, but does not require, the jury to draw an inference of negligence when the logical premises for the inference are demonstrated. Glowacki v. North Western Ohio Ry. & Power Co. (1927), 116 Ohio St. 451, paragraph one…