Hammer v. Fred Meyer Stores, Inc.

How courts have described this case

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

• addressing but rejecting the defendant’s argument that res ipsa loquitur was inapplicable where shelf in store fixture collapsed, causing injury to a customer, because “[n]either the evidence nor common sense suggests that customers ordinarily handled or manipulated the shelves”
• “ ‘The determina- tion of where the probabilities lie must, ordinarily, be made upon the basis of past experience as it is seen and appraised by the court.”’ (quoting Kaufman, 230 Or at 639)

Source: CourtListener parenthetical corpus (CC0).