Pappas v. Carson

Opinion

THOMPSON, J.

In this appeal from a judgment for defendant-respondent in an action for damage to property, appellants contend the trial court prejudicially erred in refusing requested conditional res ipsa loquitur instructions and in commenting to the jury so as to confuse it and prejudice the plaintiffs’ case. We conclude that the trial court prejudicially erred in not instructing on the applicability of conditional res ipsa loquitur to the case at bench and accordingly reverse the judgment.

In 1965, Mr. Norman Gordon leased a segment of plaintiffs Pappas’ shopping center to establish…