Sabbath v. Marcella Cab Co.

CLEMENS, Presiding Judge.

Plaintiff taxi passenger sued the cab company on the theory of res ipsa loquitur for injuries allegedly received when the cab made “a sudden and unusual stop and jerk.” The jury found for defendant and plaintiff appeals, asserting numerous trial errors.

According to plaintiff the cab stopped for a red light, started up and then lurched and suddenly stopped, throwing plaintiff to the floor. 1 Defendant’s driver and another passenger testified that when the traffic light turned green the driver tried to move forward, but at that moment the cab’s drive shaft broke and…