Fireman's Fund American Insurance Companies v. Knobbe

OPINION

By the Court,

Mowbray, J.:

The sole issue presented is whether the doctrine of res ipsa loquitur may be invoked to recover damages from a hotel’s guests for a fire that originated in one of the guests’ rooms. The district judge on a motion for summary judgment held that under the facts presented the doctrine was not applicable. We agree and affirm.

1. A fire was discovered in a hotel room in Las Vegas. The cause of the fire was determined to be a cigarette. On the night of the fire, the room was occupied by Respondents John and Marilyn Doherty. The Dohertys were traveling in the company…