Neve v. Insalaco's

MONTEMURO, J.:

¶ 1 Appellant, Violet A. Neve, appeals from an order denying her motion to remove the compulsory nonsuit entered by the trial court, which concluded that Appellant could not invoke res ipsa loquitor to establish negligence. Because the court evaluated the evidence under a standard that was inappropriately critical in the compulsory nonsuit context, we conclude that the court erred. Therefore, we reverse and remove the nonsuit.

¶ 2 At trial, the testimony of Appellant and her friend, Jan Black, revealed the following facts. On April 3, 1996, Appellant and Ms. Black went shopping…