Dyback v. Weber

While I agree with the majority decision to affirm the trial court’s directed verdict of count I, I disagree with its reversal of count II and its application of the doctrine of res ipsa loquitur. The plaintiff has failed to establish the second element required to infer negligence based upon circumstantial evidence. She did not put forth any evidence to establish that defendants controlled or managed the instrumentality which caused the fire. (See Lynch v. Precision Machine Shop, Ltd. (1982), 93 Ill. 2d 266, 443 N.E.2d 569.) In fact, there is no proof as to the cause of the fire. Recently,…