Hiner v. Hubbard

Appellant fell while she was ascending a flight of stairs. She brought this action, unsuccessfully, against her landlords. The stairs were for the common use of all of the tenants. Appellant makes three points.

1. Should res ipsa loquitur instruction have been given?

The answer is No. The evidence shows that appellant was carrying a parcel of groceries in one arm, was holding a handrail with the opposite hand. She was wearing sandals. She testified that her shoe caught underneath a rubber matting on one step, the matting coming between her shoe and her foot. Appellant gave a demonstration to…