Effinger v. Bank of St. Louis

DOWD, Judge.

A res ipsa loquitur case. Plaintiff, a painter, brought an action to recover damages for injuries received when a metal Venetian blind on a window fell and struck him on the head. He and another employee, Andrew Conley, were painting walls on the defendant premises pursuant to a contract between the defendant and plaintiff’s employer.

Plaintiff’s petition, evidence and submission were predicated on the res ipsa loquitur doctrine. The jury awarded plaintiff $12,000 as damages. The defendant appealed from the ensuing judgment contending: (1) that the evidence was insufficient to…