Neuhoff v. Retlaw Realty Corp.

This is an action for personal injuries. The issue is whether or not the doctrine of res ipsa loquitur is applicable.

The plaintiff was a tenant in defendant’s six-story apartment house. For about three weeks before the accident painters had been engaged in painting the building. The painting had been ordered by the management. On the afternoon of the accident, the plaintiff left the house to do some shopping. Just as she reached the sidewalk, she was struck on the thigh by a paint pail which fell from the apartment house. She picked up the pail and saw that there was dry white paint inside of…