On V-J day, P was walking on the sidewalk beside D's hotel when she was struck on the head by an arm chair.
It is a reasonable inference that the chair came from some portion of the hotel..
Procedural History:
Trial court directed a verdict for D.
CA COA affirmed.
Issues:
Does res ipsa loquitur apply in this case?
Holding/Rule:
This case does not qualify for res ipsa loquitur since the accident was not one such that the accident would not have happened if the D was using ordinary care.
Reasoning:
P must fail when it appears that the injury was caused by one of two causes and one is just as likely as the other.
A hotel does not have exclusive control over its furniture.
The accident might happen despite the fact that the Ds used reasonable care and were totally free from negligence.
To keep guests from doing this would require posting a guard in each room.
