Skip to main content

Gilbert v. Korvette's Inc.

Citations

  • 457 Pa. 602
  • 327 A.2d 94

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding res ipsa loquitur “is only a shorthand expression for circumstantial proof of negligence”
  • adopting this section of the Restatement (Second) Torts concerning res ipsa loquitur as Pennsylvania law
  • describing res ipsa as a “shorthand expression for circumstantial proof of negligence,” rather than a rule of substantive tort law
  • assuming without elaboration that section 611 of the Restatement, 2d, represents the law of Pennsylvania
  • correcting confusion regarding res ipsa loquitur doctrine, which was “conceived as a shorthand statement of the evidentiary rule allowing negligence to be established by circumstantial proof’ but erroneously developed into heightened burden of proving duty of care
  • correcting similar confusion regarding res ipsa loquitur doctrine, which was “conceived as a shorthand statement of the evidentiary rule allowing negligence to be established by circumstantial proof’ but erroneously developed into heightened burden of proving duty of care

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Mander-Ino

Read full opinion on CourtListener

Cited by

168 cases in this archive cite this case; the 20 most cited are listed.

Cites

54 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Gilbert v. Korvette's Inc.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.