Jianou v. Pickwick Stages System

California Court of Appeal Feb 16, 1931 No. Docket No. 4085.Published

Before: Thompson

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Holding. The court held that the doctrine of res ipsa loquitur was applicable because the complaint alleged only general negligence, and further, that the defendant's own admissions in its answer regarding the defective wheel established the cause of the accident, rendering the motion for nonsuit properly denied.

Issues

Whether the plaintiff's complaint alleged specific acts of negligence that waived the application of the doctrine of res ipsa loquitur.
Whether the defendant's admissions in its answer regarding the cause of the accident supplied sufficient evidence of negligence to support the judgment.
Whether the defendant's inspection of the vehicle's wheel met the standard of utmost care and diligence required of a common carrier.

Disposition. affirmed

Quotations verified verbatim against the opinion

“It is the established rule that one who relies upon the doctrine of res ipsa loquitur to establish a cause based upon negligence, must allege merely general acts of negligence.”

“The cause of the accident is therefore admitted by the pleadings to have been a defective or broken rim of an automobile wheel.”

“The court was warranted in holding this superficial examination of the rims was insufficient to constitute adequate inspection thereof.”

MR. JUSTICE THOMPSON (R. L.) Delivered the Opinion of the Court.

This is an appeal from a judg

[756]

ment for damages for personal injuries which were sustained as a result of an autostage casualty.

The plaintiff was riding as a passenger in the defendant’s autostage from Eureka to Crannell. At a point near Mc-Kinleyville, the stage suddenly plunged from the highway into a ditch where it turned partly over against an embankment'. The plaintiff was thrown violently against a seat in the car. His shoulder was broken. His back and face were cut and bruised. He also received some internal injuries. He suffered much pain and was confined in a hospital for several months for treatment for these injuries. Considerable expense for medical and hospital treatment was incurred by him.

This suit for damages was tried by the court without a jury. Findings were adopted favorable to the plaintiff. A judgment was thereupon rendered in his behalf for the sum of $2,692.50. From this judgment the defendant has appealed.

The appellant contends the court erred in failing to grant its motion for a nonsuit. The amount of the judgment is not questioned. The chief point relied upon for reversal of the judgment is a claim that the evidence fails to support the finding that the defendant was guilty of negligence which proximately caused the injuries sustained by the plaintiff. It is assumed the plaintiff relies upon the doctrine of

res ipsa loquitur,

and that having proved the accident from which the injuries resulted, the burden shifted to the defendant to refute the inference of negligence. The. appellant asserts, however, that the plaintiff having alleged the specific acts of negligence upon which he relies, thereby waived the application of the doctrine of

res ipsa loquitur.

It is the established rule that one who relies upon the doctrine of

res ipsa loquitur

to establish a cause based upon negligence, must allege merely general acts of negligence. Upon the contrary, when one alleges specific acts of negligence upon which he relies, the pleading refutes the theory of

Jianou v. Pickwick Stages System

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