Silbernagel Ex Rel. Silbernagel v. Maranatha Baptist Church, Inc.

I respectfully dissent from the majority’s decision to affirm the trial court’s judgment in favor of Maranatha Baptist Church, Inc., with regard to the negligence claim.

The majority declines to consider the issue whether the doctrine of res ipsa lo-*606quitar applies to the facts of the present case because, it concludes, Sean Silberna-gel, as Caleb Silbernagel’s father and next friend, did not argue to the trial court that res ipsa loquitur applies. I disagree.

“Res ipsa loquitur means literally ‘the thing speaks for itself.’ It allows one, under certain circumstances to infer negligence from the…