Poulin v. Aquaboggan Waterslide

I respectfully dissent.

I agree with the court that the Superior Court applied an inappropriate standard in refusing to instruct the jury on res ipsa loquitur, although in my judgment it reached the right result.1 Nor do I disagree with the court that a plaintiff can rely on res ipsa loquitur even though the action is premised alternatively on a specific act of negligence. The Poulins’ case, however, is premised entirely on an injury occurring in a specific, fully-explained manner, and in my judgment, there is insufficient alternative evidence as to the manner of injury or Aquaboggan’s…