Barker v. Clark

I dissent because I do not agree that appellant was entitled to an instruction on res ipsa loquitur. Under the doctrine of res ipsa loquitur, it is vital to show that the instrumentality causing the injury was under the exclusive control of the defendant. Ford Motor Co. v. Gornatti, 253 Ark. 237, 486 S.W.2d 10 (1972). Therefore, the doctrine will not apply if the accident might have been in part due to the act of a third person over whom the defendant had no control. 57B Am. JUR. 2d, Negligence § 1876 (1989). Other responsible causes, including the conduct of third persons, must be…