Larson v. St. Francis Hotel
District COA CA - 1948
- 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..
- Trial court directed a verdict for D.
- CA COA affirmed.
- Does res ipsa loquitur apply in this case?
- 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.
- 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.