Opinion

Zukowsky v. Brown

  • 79 Wash. 2d 586
  • 488 P.2d 269
  • 1971 Wash. LEXIS 634
Court
Washington Supreme Court
Filed
Sep 2, 1971
Status
Published
Author
Hunter
On the bench
Neill, Finley, Hunter, Rosellini
Cited by
62 cases

concluding that there was nothing so unreasonable or abnormal in the plaintiff's use of a helm seat of a boat to support a claim of her negligence or prevent the inference of defendant's negligence arising in the first instance

How later courts described this case

  • concluding that there was nothing so unreasonable or abnormal in the plaintiff's use of a helm seat of a boat to support a claim of her negligence or prevent the inference of defendant's negligence arising in the first instance
  • “Having determined that res ipsa loquitur applies, there remains the question of its procedural effect.”
  • plaintiff was injured when a sailboat’s helm seat on which she was sitting collapsed
  • the absence of negligence element is satisfied when "`the general experience and observation of mankind teaches that the result would not be expected without negligence'"

Written by the judges who cited it.

The opinion

Hunter, J.

(concurring in the result) — I concur in the result of the majority but disagree with its disposition of the doctrine of res ipsa loquitur. I am in agreement with the statement of Justice Rosellini in his dissent:

I find it impossible to conceive of the doctrine [res ipsa loquitur] having any value to the jury unless the jury is instructed upon it. "Where certain facts are found by the jury, the law permits it to draw an inference. But, unless the jury is told that if it finds these facts it can draw this inference, the jury itself is left in a quagmire of confusion.

(Footnote omitted.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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