“Pursuant to the evidentiary rule of res ipsa loquitur, it may be inferred that harm suffered by the plaintiff is caused by negligence of the defendant when (a) the event is of a kind which ordinarily does not occur in the absence of negligence; (b) other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence; and (c) the indicated negligence is within the scope of the defendant’s duty to the plaintiff.”
How later courts described this case
- “Pursuant to the evidentiary rule of res ipsa loquitur, it may be inferred that harm suffered by the plaintiff is caused by negligence of the defendant when (a) the event is of a kind which ordinarily does not occur in the absence of negligence; (b) other responsible causes, including the conduct of the plaintiff and third persons, are sufficiently eliminated by the evidence; and (c) the indicated negligence is within the scope of the defendant’s duty to the plaintiff.”
- adopting the Restatement, formulation of res ipsa loquitur
Written by the judges who cited it.
The opinion
MAYNARD, Justice,
dissenting in part, and concurring in part:
I agree with the majority in this case that the circuit court erred in applying strict liability to Mountaineer. I disagree, however, that the doctrine of res ipsa loquitur should be applied in cases involving the transmission of natural gas. Also, I would affirm the trial court’s grant of summary judgment in favor of the City of Keyser.
The majority rightly concludes that companies involved in the transmission of natural gas should be held to a high standard of care in light of the dangerous nature of such activity.. This standard includes a high degree of care in constructing and maintaining gas lines, as well as constant monitoring of the lines to guard against defects. Once any defects are found, of course a company must respond immediately to correct the defect, the majority states, and I agree, that the slightest deviation in the construction, maintenance, and inspection of gas lines amounts to negligence.
In light of this high and clearly articulated standard of care, I do not agree that the doctrine of res ipsa loquitur is needed in cases involving the transmission of natural gas. I believe that it is unnecessary and unfair to defendants in such cases to allow a jury to infer negligence. Instead, I would require that the plaintiffs prove specific acts of negligence just like in any other tort ease.
Further, I believe the trial court was correct in granting summary judgment in favor of the City of Keyser. West Virginia cities and towns are spending millions for lawsuit-related costs. A recent statewide survey of municipalities revealed that lawsuits and the threat of lawsuits may cost local taxpayers over $9.4 million per year. Some towns reported spending a sizeable portion of their budgets on litigation-related costs.
Small towns appear to be especially hard hit by lawsuit-related cost the survey shows. More than 25% of responding towns with populations of 2,000 or less reported spending 10% or more of their budgets on lawsuit-related costs. Some towns are spending one-third or more of their budgets. The majority decision will further aggravate this problem.
Accordingly, I dissent in part, and concur in part.