Gresham v. Stouffer Corp.

Banke, Judge.

The plaintiff was seated at the defendant’s restaurant attending a meeting of the Optimists Club when his chair collapsed. He brought this suit to recover for the resulting personal injuries and other related damages. The trial court directed a verdict against him, whereupon he filed this appeal.

The plaintiff presented no evidence at trial of any specific instances of negligence on the part of the defendant in keeping the premises safe for its customers. Instead, he simply showed that the chair had collapsed under him, relying on the doctrine of res ipsa loquitur to reach the…