Holland v. Kitterman

HAIRE, Judge.

Plaintiff-appellants Holland (homeowners) and Hartford Fire Insurance Company (homeowners fire insurer) 1 have appealed from a judgment entered on a jury verdict for the defendant painting contractor (Ferland) and her employee (Kitterman). The primary contention raised concerns the trial court’s failure to give the jury a res ipsa loquitur instruction requested by plaintiffs.

Plaintiffs alleged in their complaint both specific acts of claimed negligent conduct and facts and circumstances which indicated an intent to rely upon the doctrine of res ipsa loquitur. We have reviewed the…