Curtis v. Lein

¶1 — This case requires us to revisit our body of law involving res ipsa loquitur. Petitioner, Tambra Curtis, lived on a farm owned by the respondents, Jack and Claire Lein. Curtis was injured on the farm when a dock on which she was walking gave way beneath her. The Leins *888had the dock destroyed shortly after the incident, so there is no evidence as to the dock’s condition at the time of the accident. Curtis brought a negligence suit against the Leins, who moved for summary judgment. Curtis invoked res ipsa loquitur to fill in the evidentiary gaps caused by the dock’s destruction. The lower…