Goodyear Tire & Rubber Co. v. Hughes Supply, Inc.

How courts have described this case

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

• finding that res ipsa was not applicable in part because “the facts surrounding the incident were discoverable and provable”
• concluding that exclusive control by the county was established by evidence that a \semi-responsive\ plaintiff underwent a normal physical examination with no hip injuries before he left a clinic in a county ambulance but then arrived at the hospital with acute hip fractures
• noting that res ipsa loquitur is not appropriate \where the plaintiffs neither satisfied the essential elements of the doctrine nor demonstrated an inaccessibility to evidence of the occurrence\
• refusing to permit a res ipsa loquitur instruction when “the facts surrounding the incident were discoverable and provable”
• \Res ipsa loquitur . . . is a doctrine of extremely limited applicability.\ (footnote omitted)
• plaintiff must “establish that the circumstances attendant to the injury are such that…negligence is the probable cause and the defendant is the probable actor”

Source: CourtListener parenthetical corpus (CC0).