Kendrick v. Pippin

I disagree with the majority's analysis and conclusion concerning res ipsa loquitur. In my view, an instruction on res ipsa loquitur should have been given in this case. The majority's opinion summarily concludes that the first element of res ipsa loquitur was not satisfied. I think the facts of this case support the opposite conclusion.

As stated by the majority, in order to receive an instruction on res ipsa loquitur, a plaintiff must introduce evidence which, when viewed in the light most favorable to the plaintiff, establishes each of three elements as being more probable than not: (1) the…