Krebs v. Corrigan

321 A.2d 558 · District of Columbia Court of Appeals · 1974

Facts

Plaintiff's plexiglass sculptures were destroyed when defendant Bronson, who was fixing a car in plaintiff's studio, inexplicably flew through the air and landed on them. The trial court granted a directed verdict for defendants, finding plaintiff failed to show what caused Bronson to fall. This information was peculiarly within Bronson's knowledge.

Issue

Did the trial court err in granting a directed verdict by finding that the plaintiff failed to establish a prima facie case of negligence, specifically regarding the applicability of res ipsa loquitur when the accident-producing instrumentality is a human body and the defendant is an eyewitness?

Holding

Yes, the trial court erred. The appellate court reversed the directed verdict and remanded for a new trial, finding that the facts supported an inference of negligence under the doctrine of res ipsa loquitur.

Rule

Res ipsa loquitur applies when the cause of the accident is known, the accident-producing instrumentality (even a human body) is under the exclusive control of the defendant, and the instrumentality is unlikely to do harm without negligence. The doctrine is not precluded merely because the instrumentality is a human body or because the defendant is an eyewitness.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.