Larson
v.
District
Court of Appeal of
83
Cal.App.2d 210, 188 P.2d 513.
Prosser,
pp. 239-241
Facts: The plaintiff got beaned
and knocked out by a chair on V-J day.
She sued the hotel from whence the chair fell on a res ipsa loquitur
theory. The trial court nonsuited her.
Issue: Does res ipsa loquitur
apply in this case?
Rule: Res ipsa loquitur applies
when:
1. There was an
accident.
2. The thing that
caused the accident was in the exclusive control of the defendant.
3. The accident
would not have happened in the normal course of affairs if the defendant was
using ordinary care.
Analysis: The court finds that a
hotel does not have exclusive control of its furniture, windows, rooms, and
guests. Instead, the court finds that it
is foreseeable that such an event could happen due to no fault on the part of
the hotel. The court makes a policy
argument that hotels should not be required to post a guard in every room to
watch over the furniture.
(On
the other hand, maybe the hotels should not be allowed to have windows that
open.)
Conclusion: The trial court’s judgment
is affirmed.