IX.C. The Problem of Multiple Defendants | Jonathan Zittrain | December 21, 2012


This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.

IX.C. The Problem of Multiple Defendants

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Ybarra v. Spangard--"The Unconscious, but Injured Patient"
    Original Creator: Jonathan Zittrain
    Are there situations where courts should apply res ipsa loquitur despite a plaintiff’s failure to satisfy the technical requirements of the doctrine?
    Plaintiff was placed under anesthesia for appendectomy. After waking the following morning, plaintiff felt a sharp pain near his right shoulder—an area unrelated to his surgery. Despite treatments for the pain, plaintiff developed paralysis and muscle atrophy. Expert testimony corroborated the plaintiff’s claim that the paralysis was due to trauma suffered during the surgery. Due to a lack of evidence, plaintiff’s suit applied res ipsa loquitur against a number of parties.
  2. 2 Show/Hide More Fireman's Fund American Insurance Cos. v. Knobbe--"The One-of-Four Smokers Case"
    Original Creator: Jonathan Zittrain
    Should res ipsa loquitur be applied to a group of defendants when plaintiff has submitted no direct evidence that they had control over the dangerous instrumentality or were involved in the harm?
    Defendants were four guests who were smoking in a hotel room. After they had departed, a fire broke out in their room. The cause of the fire was determined to be a cigarette. However, plaintiff insurance company provided no evidence indicating which of the four guests had control of the cigarette which started the fire.

Playlist Information

January 25, 2014

Author Stats

Jonathan Zittrain

Other Playlists by Jonathan Zittrain

Find Items

Search below to find items, then drag and drop items onto playlists you own. To add items to nested playlists, you must first expand those playlists.

Leitura Garamond Futura Verdana Proxima Nova Dagny Web
small medium large extra-large