Rector v. Oliver’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 14 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Res ipsa loquitur is a rule of evidence which permits an inference of negligence to be drawn based upon the surrounding facts and circumstances of the injury. The doctrine operates on the premise that negligence, like any other fact or condition, may be proved by circumstantial evidence. To create an inference of negligence, the plaintiff must establish: (1) that the injuring instrumentality was within the exclusive management and control of the defendant or its servants, and (2) that the accident is of the type that does not ordinarily happen if those who have the management and control exercise proper care. In determining if the doctrine is applicable, the question is whether the incident more probably resulted from defendant’s negligence as opposed to another cause. A plaintiff may rely upon common sense and experience or expert testimony to prove that the incident more probably resulted from negligence. To invoke res ipsa loquitur, the plaintiff must demonstrate that the defendant had exclusive control of the injuring instrumentality at the time of injury. Exclusive control is an expansive concept which focuses upon who has the right or power of control and the opportunity to exercise it. The existence of multiple defendants or the possibility of multiple causes does not automatically defeat the application of res ipsa loquitur.”

   4 later decisions quote this exact passage
   e.g. Balfour v. Kimberly Home Health Care, Inc. · Cecilia Kelly v. GEPA Hotel Owner Indianapolis LLC, GEPA Hotel Operator Indianapolis LLC, and Schindler Elevator Corporation

2. “[T]he accident now complained of is of the type that happens even if those who have the exclusive management and control exercise proper care. As [Davis] correctly points out, “... common sense informs that valves and other plumbing break and spring leaks for any number of reasons that do not involve negligence. Any homeowner can attest to this fact, and the Court can properly take judicial notice that this is the case.” As [the Insurers] correctly point out in their Brief, the court is to rely on “common sense and experience^]” This Court finds that [the Insurers] have failed to meet the requirements of the second prong of res ipsa loquitur. [The Insurers] have simply failed to prove that the accident is of the type that does not ordinarily happen if those who have the management and control exercise proper care. [The Insurers] needing to establish both prongs of res ipsa loquitur and the Court finding that the second prong has not been established, the Court finds such issue to be dispositive and, accordingly, the Court does not address the issue of exclusive control as it relates to res ipsa loquitur.”

   1 later decision quote this exact passage
   e.g. Cincinnati Insurance Co. v. Davis