Turtenwald v. Aetna Casualty & Surety Co.

Although not stated precisely in this manner by the parties, the issues are:

1. Was it error to give a res ipsa loquitur instruction to the jury?

2. Was it error to strike the testimony of a witness recalled after he said his memory was refreshed?

3. Are the damages excessive?

The following conditions must be present before the doctrine of res ipsa loquitur is applicable: (1) The event or accident in question be of the kind which does not ordinarily occur in the absence of someone’s negligence; and (2) the agency or instrumentality causing the harm must have been within the exclusive control of…