Stelter v. Chiquita Processed Foods, L.L.C.

OPINION

GORDON W. SHUMAKER, Judge.

Appellant was injured in respondent’s factory when he fell into a drainage gutter after a safety grate over the gutter buckled. The evidence showed that respondent had exclusive control over the grate and that the grate could not fall into the gutter if it had been properly set in place. There was no evidence that appellant moved or lifted the grate. The district court refused to instruct on res ipsa loquitur. The jury found neither party negligent. The court denied appellant’s motion for judgment notwithstanding the verdict. Because the court’s failure to…