Lambert v. Markley

I concur in all the majority opinion except that part relating to Point IV. As to that point, I think the failure to give AMI 605 was reversible error. In order to put the matter in proper perspective, the' wording of the instruction offered is of considerable importance as is the wording of Instruction 12 given on res ipsa loquitur, which was patterned after AMI 610. They read:

Defendant’s Requested Instruction — AMI 603

The fact that an injury occurred is not, of itself, evidence of negligence on the part of anyone.

Instruction No. 12: In addition to the rules of law I have just stated with…