Benzaquin v. Friendly Ice Cream Corp.

DISSENTING OPINION

Welsh, J.

I respectfully dissent. It is my view that this is an appropriate case for the application of the doctrine of res ipsa loquitur. The door in question could have been found to be under the exclusive control of the defendants. The accident was the sort of event that would not occur in common experience except for the negligence of the person in control of the instrumentality causing the harm, thus permitting the inference that it is more probable than not that the injury arose due to the defendant’s want of due care. The evidence does not warrant any inference that…