Recently, a state appellate court issued an opinion in a personal injury case discussing the res ipsa loquitor doctrine. Res Ipsa Loquitor is a legal doctrine that applies in some Indiana personal injury cases and allows the fact-finder to make an inference that the defendant was negligent although there is no direct evidence of the defendant’s negligence.
The Facts of the Case
According to the court’s opinion, the plaintiff was exiting an elevator when the elevator’s doors inexplicably closed on her. The plaintiff suffered injuries as a result and filed a personal injury lawsuit against the condo association where the elevator was located. The plaintiff’s claim was brought under the theory of res ipsa loquitor.
Both the plaintiff and defendant presented expert witness testimony supporting their respective side. The defendant moved to dismiss the plaintiff’s case, arguing that the res ipsa loquitor doctrine did not apply.