Froh v. Milwaukee Medical Clinic, SC

The issue is whether the trial court committed prejudicial error in refusing to instruct the jury on the doctrine of res ipsa loquitur.

The two elements of res ipsa loquitur that must be present before the application of the doctrine of res ipsa loquitur are: (1) the accident must be of a kind which ordinarily does not occur in the absence of someone’s negligence; (2) that it must be caused by an agency or instrumentality within the exclusive control of the defendant. Turk v. H. C. Prange Co., 18 Wis.2d 547, 553, 119 N.W.2d 362 (1962); Fehrman v. Smirl, 20 Wis.2d 1, 26, 121 N.W.2d 255 (1962).

Th…