Cedric J. Smith v. United States

ROVNER, Circuit Judge.

Cedric Smith brought suit against the federal government under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq., for injuries he sustained when he fell off a stool at the federal courthouse in Rock Island, Illinois. Smith relies on the doctrine of res ipsa loquitur to impute negligence to the government. The district court concluded that Smith had not made a showing sufficient to trigger the res ipsa loquitur inference of negligence. R. 12. We find to the contrary and reverse.and remand for further proceedings.

I

As the case was decided on summary judgment, we take…