Bar Exam (Next Generation) Quiz: Proving Fault And Res Ipsa Loquitur

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Proving Fault And Res Ipsa LoquiturQuestion 1 of 12

Rita was injured when a freestanding display rack in a department store tipped over and struck her. The rack was owned by the store. It had been designed and installed six months earlier by Kiosk Displays, Inc., an independent contractor, under a contract requiring Kiosk to inspect and maintain the rack monthly. Kiosk's last inspection was three weeks before the accident. The store's manager had the right to move or remove the rack at any time and had received no complaints about it. At the time of the accident, no store employee was touching the rack.

A state statute provides:

'In any action for negligence, the doctrine of res ipsa loquitur permits an inference of the defendant's negligence when the plaintiff establishes that the injury-causing instrumentality was, at the time of injury, under the defendant's exclusive control. Exclusive control means that the defendant had the right to control the instrumentality and the opportunity to inspect it at the relevant time. The defendant need not have had sole physical control, and the instrumentality may have passed through the hands of another before the injury, so long as the defendant had the last opportunity to inspect and control it.'

If Rita relies solely on res ipsa loquitur, against which defendant(s) may the inference be drawn?

Against both the store and Kiosk, because each had a right of control and an opportunity to inspect the rack.

Against Kiosk only, because Kiosk installed the rack and had a contractual duty to inspect and maintain it.

Against the store only, because the store owned the rack and had the right to control and opportunity to inspect it at the time of the injury.

Against neither, because the rack was not being physically handled by either defendant at the time it tipped over.

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Bar Exam (Next Generation) Quiz

Bar Exam (Next Generation) Quiz: Proving Fault And Res Ipsa Loquitur

Practice Proving Fault And Res Ipsa Loquitur in Bar Exam (Next Generation) with focused quiz questions that help you check what you know, review explanations, and build confidence with test-style prompts.

What this quiz covers

This quiz focuses on Proving Fault And Res Ipsa Loquitur, giving you a quick way to practice the rules, question types, and explanations that matter most for Bar Exam (Next Generation).

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Try each quiz question before looking at the correct answer. Use the explanations to review missed ideas, then come back to similar questions until the pattern feels familiar.

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Question 1

A state statute provides:

If Rita relies solely on res ipsa loquitur, against which defendant(s) may the inference be drawn?

Against both the store and Kiosk, because each had a right of control and an opportunity to inspect the rack.
Against Kiosk only, because Kiosk installed the rack and had a contractual duty to inspect and maintain it.
Against the store only, because the store owned the rack and had the right to control and opportunity to inspect it at the time of the injury. (correct answer)
Against neither, because the rack was not being physically handled by either defendant at the time it tipped over.

Explanation: Whenever res ipsa loquitur appears on a bar question, the battle is over "exclusive control." Here the statute defines that term: the defendant must have had the right to control the instrumentality and the opportunity to inspect it at the relevant time. Sole physical control is not required, and prior handling by another does not defeat control if the defendant had the last opportunity to inspect. The store owns the rack, may move or remove it at any time, and has continuous access to it, so the inference may be drawn against the store even though no employee touched the rack when it fell. Kiosk, by contrast, is an independent contractor with a contractual duty to inspect monthly, but at the time of injury it had no right to control the rack; its last inspection was three weeks before, so it was not the party with the last opportunity to inspect and control. The choice saying the inference may be drawn against both the store and Kiosk overreads Kiosk's contract as control. The choice saying Kiosk only ignores the store's ownership and ongoing right of control. The choice saying neither defendant is the classic trap: res ipsa does not require physical handling—it requires the right to control and opportunity to inspect, which the store satisfies. On exam day, when a statute defines a term, apply that definition mechanically and do not fall back on the common-law idea that exclusive control means physical possession.

Question 2

Victor underwent abdominal surgery. After surgery, a surgical sponge was found inside his abdomen. Victor sued the surgeon, the hospital, and the anesthesiologist. The evidence showed that the surgeon and hospital nurses jointly performed the required sponge count under a written protocol, and that the count was recorded as correct. The anesthesiologist had no role in the sponge count and did not handle the sponges. Victor seeks to rely solely on res ipsa loquitur.

State law provides:

'Res ipsa loquitur permits an inference of negligence against a defendant who had exclusive control of the instrumentality causing the injury. Where two or more defendants jointly control an instrumentality and share a duty to the plaintiff, the exclusive control requirement is satisfied as to each such defendant. It is not satisfied as to a defendant who did not participate in the control of the instrumentality.'

Which defendant(s) may be subject to a res ipsa inference?

The surgeon only, because only a surgeon is responsible for foreign objects left inside a patient's body.
The surgeon and the hospital, because they jointly controlled the sponges and shared a duty to Victor. (correct answer)
The surgeon, the hospital, and the anesthesiologist, because all were involved in the surgery and owed Victor a duty of care.
None, because a surgical sponge is not an instrumentality and the count was recorded as correct.

Explanation: When you see a res ipsa loquitur question, focus on control and duty—not on who "should" be responsible. Under this state's statute, exclusive control is satisfied only for defendants who jointly controlled the instrumentality and shared a duty to the plaintiff. Here, the surgeon and hospital nurses jointly performed the sponge count under a written protocol, meaning they jointly controlled the sponges and owed Victor a duty during surgery. Thus, both the surgeon and the hospital may face a res ipsa inference. The anesthesiologist had no role in the sponge count and never handled the sponges, so he lacked control—eliminating the "all involved" option. The "surgeon only" choice wrongly ignores the hospital's shared control; the statute explicitly extends the inference to joint controllers. The "none" choice misreads the facts—the sponge is the instrumentality causing injury, and the count being recorded as correct doesn't defeat res ipsa; in fact, a "correct" count that still leaves a sponge inside is precisely the kind of unexplained event res ipsa addresses. Strategy: always parse the statutory definition first—control and duty are the gatekeepers. If a defendant didn't participate in handling the instrumentality, they're out, even if they were present in the operating room.

Question 3

At a loading dock, a large crate fell from a forklift operated by Nolan, an employee of PackIt Movers, and injured Petra, who was walking nearby. Petra's coworker Quinn saw the entire accident and will testify that Nolan was looking at a clipboard while driving and did not see the crate shift before it fell.

Which of the following issues is most directly raised by Quinn's proposed testimony?

Whether the crate's falling is an accident that gives rise to an inference of negligence.
Whether PackIt Movers is vicariously liable for Nolan's operation of the forklift at the loading dock.
Whether Quinn's testimony is direct evidence that Nolan failed to exercise reasonable care. (correct answer)
Whether Petra was contributorily negligent for walking in the loading dock area.

Explanation: When you see a question about what a witness's testimony "directly raises," think about the distinction between direct and circumstantial evidence. Direct evidence is testimony from someone who perceived an event with their own senses and can speak to exactly what happened. Here, Quinn personally observed Nolan's conduct, so the testimony goes straight to the element of breach in a negligence claim. The correct answer is that Quinn's testimony is direct evidence that Nolan failed to exercise reasonable care. Quinn will say Nolan was looking at a clipboard while driving and failed to notice the crate shift. That is a factual description of Nolan's actions—not an inference. It directly supports the conclusion that a reasonable forklift operator would have kept eyes on the load, making it the most immediate issue raised. Now consider the wrong answers. The choice about "whether the crate's falling is an accident that gives rise to an inference of negligence" misapplies res ipsa loquitur; that doctrine applies when the accident itself implies negligence without specific proof, but Quinn's testimony provides specific proof, so it's not the direct issue. The choice about "vicarious liability" is a separate question about employer responsibility—Nolan's own conduct is what Quinn addresses, not whether PackIt is liable for his actions. Finally, "whether Petra was contributorily negligent" is irrelevant because Quinn's testimony concerns Nolan's behavior, not Petra's. A helpful study tip: On the bar exam, when a witness testifies to what they saw, ask yourself whether that testimony is direct evidence of a specific element (like duty or breach) versus circumstantial evidence that requires an inference. If the testimony describes the defendant's conduct, it likely goes to breach. Keep that element in mind and you'll avoid the trap of reaching for broader doctrines like res ipsa or vicarious liability.

Question 4

Farah was injured when a ceiling panel in the lobby of an office building fell and struck her. The panel had been removed the day before by an electrician employed by Bright Electric while repairing wiring. The building's maintenance staff had also worked in the same ceiling area earlier that week. No one knows who left the panel loose. Farah sues Morningside Properties, the building owner, and Bright Electric.

Which of the following issues is most directly raised by the fact that both Morningside's maintenance staff and Bright Electric's employee had worked in the ceiling area before the fall?

Whether an inference of negligence can be drawn against one defendant when another also had access to the panel. (correct answer)
Whether Morningside had a nondelegable duty to keep the lobby safe for visitors.
Whether Bright Electric's contract required it to inspect the panel after finishing the wiring work.
Whether Farah was contributorily negligent for walking beneath the ceiling panel in the lobby.

Explanation: Whenever you see a torts question involving a falling object and multiple parties who could have caused it, your first instinct should be to think of res ipsa loquitur. That doctrine allows a jury to infer negligence, but it requires that the defendant had exclusive control over the instrumentality. Here, the fact that both Morningside's maintenance staff and Bright Electric's employee worked in the ceiling area directly raises the issue of whether an inference of negligence can be drawn against one defendant when another also had access. Because exclusive control is absent, the inference fails unless you can pinpoint which party left the panel loose. The distractor about whether Morningside had a nondelegable duty is a trap about vicarious liability for independent contractors, but that is not implicated by the mere fact of dual access; that duty would matter only if the work itself were inherently dangerous. The choice about Bright Electric's contract requiring inspection is irrelevant to the tort inference—contractual terms don't govern negligence inferences. Finally, the choice about Farah being contributorily negligent is wrong because walking in a lobby is not negligent conduct, and the defendants' access has no bearing on her behavior. On the next-gen bar exam, when you see res ipsa loquitur, always check for the "exclusive control" element. If multiple defendants had access, the central question becomes whether you can attribute the negligence to any one of them, which is exactly what this fact pattern tests.

Question 5

Vera was a passenger in a car driven by her friend Grant. The car left the road and struck a tree, injuring Vera. Grant testified that the car suddenly veered for no reason. Vera has no memory of the accident. The car had been serviced by a mechanic the week before. Vera sues Grant for negligence.

Which of the following facts, if true, would most clearly defeat Vera's argument that the accident itself permits an inference of Grant's negligence?

A witness standing outside the car saw Vera grab the steering wheel just before the car left the road. (correct answer)
Grant had received his driver's license only six months before the accident.
The car's tires were worn but still had more tread than the legal minimum.
The mechanic who serviced the car was not named as a defendant in Vera's suit.

Explanation: This question tests res ipsa loquitur. That doctrine lets an accident itself imply negligence when the event ordinarily wouldn't happen without negligence, ethics instrumentality was in the defendant's control, and the plaintiff wasn't responsible. A fact supplying a concrete alternative explanation defeats the inference. The witness's account that Vera grabbed the steering wheel just before the car veered does exactly that: it gives a specific rival explanation for the accident and places responsibility on Vera. With that explanation, the accident no longer "speaks" of Grant's negligence, so Vera's res ipsa argument collapses. Grant's having received his license only six months earlier does not defeat it: inexperience might support negligence generally, but it explains nothing about why the car suddenly left the road. Worn tires with tread above legal minimum also fail: legal tread is evidence of proper maintenance, not a causal explanation for the veer. The mechanic's being unnamed as a defendant is irrelevant: Vera can choose whom to sue, and a third party's possible liability does not erase an inference of Grant's negligence absent evidence tying the service to the accident. Strategy tip: In res ipsa questions, search for rival explanations. A fact identifying plaintiff's own conduct, a third party's act, or an independent cause will defeat the inference; general background doubts about experience or maintenance will not.

Question 6

An escalator in a subway station suddenly reversed direction, causing Paul to fall and injure his back. Paul sued the Transit Authority, which owned and maintained the escalator. At trial, Paul established that the Transit Authority had exclusive control of the escalator, that a sudden reversal of a properly maintained escalator does not ordinarily occur absent negligence, and that Paul was standing normally when it happened. The Transit Authority then presented expert testimony that a rare power surge from the municipal electric grid could have caused the reversal, but the expert could not rule out that inadequate maintenance contributed to the escalator's failure.

In Mosley v. Metropolitan Transit Authority, the State Supreme Court stated: 'Res ipsa loquitur is a rule of evidence that permits, but does not compel, an inference of negligence. It does not shift the burden of proof, and the defendant is not required to explain the accident. When the defendant does offer a non-negligent explanation, the inference does not vanish; it remains for the jury to weigh. Judgment for the defendant is proper only if the evidence, viewed in the light most favorable to the plaintiff, is so conclusive that no reasonable jury could find negligence.'

After the Transit Authority's expert testimony, which of the following is the most accurate statement?

The jury may still find negligence based on the res ipsa inference, and the Transit Authority is not entitled to judgment as a matter of law. (correct answer)
The jury must find negligence unless it finds the expert's power-surge explanation persuasive; if it finds that explanation persuasive, it must return a verdict for the Transit Authority.
The res ipsa inference is eliminated entirely, and Paul cannot recover without offering other evidence of negligence.
The Transit Authority is entitled to judgment as a matter of law because its expert testimony establishes a non-negligent explanation.

Explanation: When you see a res ipsa loquitur question, remember the core battle is between a permissible inference and a conclusive presumption. The State Supreme Court's holding in Mosley settles the issue: the inference is permissive, does not shift the burden, and a defendant's non-negligent explanation does not make it vanish. The jury weighs the inference against the explanation. Here, the expert's power-surge testimony is merely a plausible alternative, and critically, the expert could not rule out inadequate maintenance. Because the evidence, viewed favorably to Paul, still allows a reasonable jury to conclude negligence, the Transit Authority is not entitled to judgment as a matter of law. Therefore, the statement that the jury may still find negligence and the Transit Authority is not entitled to judgment is correct. The statement that the jury must find negligence unless it finds the power-surge explanation persuasive is wrong because it turns the inference into a mandatory presumption and gives the defendant's explanation conclusive effect if believed—but even if believed, the jury could still find negligence. The statement that the res ipsa inference is eliminated entirely is wrong because Mosley explicitly rejects the "vanish" rule. Finally, the statement that the Transit Authority is entitled to judgment as a matter of law is wrong because the expert's testimony is not conclusive; it merely creates a credibility contest for the jury. Strategy tip: If a defendant offers a plausible non-negligent explanation, do not dismiss the res ipsa claim. Ask whether the explanation is so conclusive that no reasonable jury could reject it. If it is merely plausible, the case goes to the jury.

Question 7

Marcus was injured when a glass bottle of sparkling water exploded in his hand. The bottle was sealed when Marcus took it from a refrigerated case. As Marcus walked through the parking lot, he dropped the bottle on the pavement from about waist height; it did not break. He picked it up and continued walking. About ten seconds later, the bottle exploded in his hand. Marcus has no expert testimony on whether the drop could have weakened the glass. Marcus sues the bottler, relying solely on res ipsa loquitur.

A state statute provides:

'Res ipsa loquitur applies only if the plaintiff shows that (1) the instrumentality was in the defendant's exclusive control at the time the dangerous condition was created; (2) the injury is of a kind that ordinarily does not occur absent negligence; and (3) the plaintiff's own conduct was not a probable cause of the injury. A plaintiff who has had an opportunity to damage the instrumentality after it left the defendant's control must introduce evidence negating that the plaintiff's handling caused the injury.'

Should the court give Marcus a res ipsa instruction?

Yes, because a sealed bottle that explodes is the kind of event that ordinarily occurs only if the bottler was negligent.
No, because a sealed bottle is no longer in the bottler's exclusive control after it is sold to a consumer.
No, because Marcus has not introduced evidence negating that his own drop was a probable cause of the explosion. (correct answer)
Yes, because Marcus's conduct is relevant only to comparative fault, not to the availability of res ipsa.

Explanation: When you see a res ipsa loquitur question, always check the statute or rule for the jurisdiction's specific requirements. Here, the statute adds a special gate: if the plaintiff had an opportunity to damage the product after it left the defendant's control, the plaintiff must introduce evidence negating that his own handling caused the injury. Marcus's drop is exactly that problem. He dropped the bottle from waist height onto pavement, picked it up, and it exploded ten seconds later. He offers no expert testimony on whether the drop could have weakened the glass. Without evidence negating his own conduct as a probable cause, he cannot satisfy the statute's third requirement. The court should not give the instruction. The answer "Yes, because a sealed bottle that explodes is the kind of event that ordinarily occurs only if the bottler was negligent" fails because it ignores the statute's plaintiff-conduct requirement; res ipsa is not automatic just because the event seems negligence-prone. "No, because a sealed bottle is no longer in the bottler's exclusive control after it is sold" misstates the rule: the statute requires exclusive control at the time the dangerous condition was created, which could still be the bottler's sealing process. "Yes, because Marcus's conduct is relevant only to comparative fault" is also wrong—under this statute, his conduct is a threshold admissibility issue, not merely a damages apportionment issue. Study tip: when a res ipsa statute mentions plaintiff's opportunity to damage the instrumentality, treat it as a strict evidentiary requirement—lack of expert testimony will often doom the claim.

Question 8

Delia was injured when a heavy glass pane fell from a high-rise office building and struck her on the sidewalk below. The pane was part of a window replacement project that had been underway for two weeks. No witness has identified any specific act of carelessness by the workers, and Delia herself saw no one near the window at the moment it fell. She sues the replacement contractor for negligence.

Which of the following issues is most directly raised by the absence of evidence identifying a specific careless act?

Whether Delia assumed the risk by walking on the sidewalk near an active construction site.
Whether the doctrine of res ipsa loquitur permits an inference of negligence against the contractor. (correct answer)
Whether the contractor's failure to obtain a work permit for the window replacement is negligence per se.
Whether the contractor's window replacement work was an abnormally dangerous activity subject to strict liability.

Explanation: Whenever you see a negligence question with no eyewitness to a specific careless act, think immediately of res ipsa loquitur: the injury itself may permit an inference that the defendant was negligent. Here, a glass pane falling from a building during the contractor's two-week replacement project is the kind of accident that ordinarily does not happen unless someone was careless, and the contractor had exclusive control over the window work. Absent evidence of a specific act, res ipsa allows the jury to infer breach without direct proof. That is why the doctrine of res ipsa loquitur is the issue most directly raised. The absence of evidence does not raise whether Delia assumed the risk by walking near an active construction site; that defense depends on her voluntary encountering a known danger, not on missing proof of how the pane fell. Nor does it raise whether the contractor's failure to obtain a work permit is negligence per se; no permit deficiency is mentioned in the facts, and negligence per se requires violation of a statute designed to prevent this harm. Finally, it does not suggest whether window replacement was an abnormally dangerous activity subject to strict liability; strict liability applies to activities like blasting, not routine construction, and the facts center on proof of negligence, not ultrahazardous activity. Your study tip: on character evidence questions, Liberate? Wait, irrelevant. Need end tip: On negligence questions, when the facts emphasize a lack of witnesses or specific proof, ask whether res ipsa loquitur fills the gap; it is the doctrine built for invisible the missing act.Whenever you see a negligence question where the injury speaks for itself but no witness saw the specific careless act, the key is res ipsa loquitur. The falling pane from the contractor's window replacement project is the kind of accident that ordinarily happens only from negligence, and the contractor had control over the work; so absent direct evidence, res ipsa permits a jury to infer breach. That is exactly why the absence of identifying a specific careless act matters. The other choices miss the point. Assumption of risk would require Delia voluntarily encountering a known danger, and the facts show no such choice or awareness. Failure to obtain a work permit is not raised because no permit issue appears, and negligence per se requires a statute or regulation designed to prevent this type of harm. Finally, strict liability for abnormally dangerous activity does not apply to routine window replacement, which is not ultrahazardous like blasting or storing explosives. Those defenses or theories arise from different facts, not from the proof gap here. Study tip: when a fact pattern emphasizes "no witness" or "no specific act," ask whether res ipsa loquitur is bridging the evidentiary gap; that is the doctrine's signature role.

Question 9

Ravi was injured when a department store elevator dropped suddenly and slammed to a stop. After the accident, an elevator mechanic found that a cable had snapped because of long-term wear. The maintenance records showed the elevator had been inspected monthly and the cable had been replaced two years earlier. No one knows whether the wear was caused by inadequate lubrication, a manufacturing flaw, or normal aging. Ravi sues the store for negligence.

Which of the following facts, if true, would most clearly undermine Ravi's argument that the accident itself permits an inference of negligence?

The elevator had passed a government safety inspection one month before the accident.
The elevator was serviced by an independent maintenance company rather than by the store's own employees.
The cable's condition was consistent with ordinary wear that could have occurred without any negligence. (correct answer)
The elevator had carried many passengers on the day of the accident before Ravi entered it.

Explanation: When a plaintiff argues that "the accident speaks for itself," you are in the territory of res ipsa loquitur. The key question is whether the injury is the kind that ordinarily would not happen unless someone was negligent. Here, Ravi wants the elevator's sudden drop to permit that inference. That inference fails if the most plausible explanation does not point to negligence. The fact that the cable's condition was consistent with ordinary wear that could have occurred without any negligence directly undermines Ravi's argument. If the wear might have been mere normal aging, then the accident does not make negligence more likely than not, so the jury cannot infer that the store breached its duty. The other choices do not defeat the inference. Passing a government safety inspection one month earlier does not rule out negligence, because inspections can miss hidden deterioration. The fact that an independent maintenance company serviced the elevator might shift responsibility, but it still leaves room for negligent maintenance. And the elevator carrying many passengers earlier that day actually cuts against Ravi, not against negligence; it does not explain the snapped cable or show the store was careful. If anything, those prior passengers show the danger was not caused by Ravi's own conduct. On exam day, remember: res ipsa loquitur is undermined by evidence that the accident could happen without negligence, not by evidence of inspections, third-party roles, or prior safe use.

Question 10

Sylvia became seriously ill shortly after eating oysters at a restaurant. She later learned that the restaurant's refrigerator log showed the oyster storage unit at 60 degrees Fahrenheit for several hours on the day she ate there, although the log had been changed to read 40 degrees before the health inspection. No one saw the oysters left unrefrigerated. Sylvia sues the restaurant for negligence.

Which of the following issues is most directly raised by the temperature log and its alteration?

Whether the oysters were an unreasonably dangerous product subject to strict liability even though served in a restaurant.
Whether Sylvia's illness was caused by the oysters or by something she ate earlier that day.
Whether the restaurant had a duty to post its health inspection score for customers to see.
Whether the temperature log is circumstantial evidence from which a jury may infer that the restaurant failed to exercise reasonable care. (correct answer)

Explanation: Whenever you see a negligence question involving a specific piece of evidence like a temperature log, your first job is to categorize what element of negligence that evidence supports: duty, breach, causation, or damages. Here, the log and its alteration are classic circumstantial evidence of breach—the failure to exercise reasonable care. Because the log showed the oysters at 60°F (dangerously above the safe 40°F threshold) for hours, and then was changed to read 40°F before inspection, a reasonable jury could infer that the restaurant negligently stored the oysters and then tried to cover it up. This alteration is particularly powerful because it suggests consciousness of wrongdoing, allowing the jury to draw an adverse inference about the restaurant's standard of care. Now look at the distractors. The choice about strict liability for unreasonably dangerous products is a tempting trap—restaurants are indeed subject to strict liability for serving contaminated food—but the log addresses negligence (breach of duty), not the product's defect under strict liability. The choice about whether the illness was caused by the oysters or something earlier is a causation question; the log only speaks to storage conditions, not whether the oysters specifically made Sylvia sick. Finally, the choice about posting a health inspection score is entirely irrelevant; that's a separate regulatory duty, and the log doesn't touch on it. Your takeaway: when evidence is altered or destroyed, always consider whether it supports an inference of negligence or consciousness of guilt. That's a powerful circumstantial evidence tool for the plaintiff on the bar exam.

Question 11

Delia underwent surgery to remove her gallbladder. During the surgery, her bowel was perforated. Delia sued her surgeon. Her expert testified that a perforated bowel is a known complication of gallbladder surgery that can occur in about 1 in 1,000 cases even when the surgeon exercises all reasonable care, usually because of adhesions from earlier surgery. Delia's expert also testified that, in her opinion, Delia's perforation was more likely caused by the surgeon's excessive traction during the surgery than by adhesions. The surgeon's expert testified that the perforation was caused by an adhesion and that the surgeon's technique was appropriate. The parties stipulated that the surgeon had exclusive control of the operative field and that Delia's conduct was not a cause.

State law provides:

'In an action for medical malpractice, the doctrine of res ipsa loquitur applies only if the injury is of a type that ordinarily does not occur in the absence of negligence. This requirement may be established by expert testimony. If the injury is a known complication that occurs in a small percentage of cases even with due care, the doctrine does not apply unless the plaintiff's expert testifies that, in this case, the injury was more likely than not caused by negligence rather than by the non-negligent complication.'

Is Delia entitled to a res ipsa instruction?

Yes, because any injury occurring during surgery is within the common knowledge of laypersons, and res ipsa applies automatically.
Yes, because Delia's expert expressly opined that the surgeon's excessive traction was more likely the cause than the non-negligent complication. (correct answer)
No, because a perforated bowel is a known complication that can occur without negligence, so res ipsa is never available.
No, because the conflicting expert testimony means Delia has not satisfied her burden of proving the injury ordinarily does not occur absent negligence.

Explanation: This question tests when res ipsa loquitur applies in medical malpractice under a statute that creates an exception for known complications. The key insight: a known complication does not automatically kill res ipsa if the plaintiff's expert can push the causation analysis past "it could happen anyway" to "it more likely than not happened because of negligence." Here, Delia's expert did exactly what the statute requires. She testified that, in this case, excessive traction by the surgeon was more likely the cause than the adhesion. That satisfies the requirement that the injury "more likely than not" be caused by negligence, so Delia is entitled to the instruction. The conflicting defense expert does not erase that evidence—conflicts in expert testimony are for the jury to resolve, not a basis to withhold the instruction. Each wrong answer misses this framework. "Any injury occurring during surgery is within the common knowledge of laypersons" is wrong because res ipsa is not automatic for every surgical injury, and here the standard is satisfied through expert testimony, not lay common knowledge. "A known complication can occur without negligence, so res ipsa is never available" is wrong because the statute expressly allows res ipsa when the expert opines negligence was more likely in the particular case. And "conflicting expert testimony means Delia has not satisfied her burden" is wrong because her burden is to produce sufficient evidence—not to eliminate all disagreement. Remember: for known-complication cases, focus on whether the plaintiff's expert specifically links this injury to negligence more likely than not. If yes, the instruction goes to the jury.

Question 12

Kara was injured when a heavy ceiling-mounted projector in her office fell from its mounting bracket and struck her. She sued the building owner. At trial, Kara's evidence included a maintenance worker's testimony that two days before the accident he emailed the building manager about a missing screw in the bracket, and the building owner's repair log showed that no repair was made before the accident. No one saw the projector fall. Kara's attorney requests a res ipsa loquitur instruction.

In Tran v. Centerline Properties, the State Supreme Court stated: 'Res ipsa loquitur permits an inference of negligence from the circumstances of an accident. The instruction is not available, however, when the plaintiff presents direct evidence of the specific negligent act or omission alleged to have caused the injury. A plaintiff who presents direct evidence of a specific cause, rather than a specific negligent act, is not barred from relying on res ipsa.'

Should the court give the res ipsa instruction?

No, because Kara's evidence directly identifies the specific negligent omission—failure to fix the loose bracket after notice—so the res ipsa instruction should not be given. (correct answer)
No, because the projector was not in the building owner's exclusive control at the time it fell, and the building owner had no duty to maintain it.
Yes, because no one saw the projector fall, so the circumstances themselves permit an inference of negligence despite the missing screw.
Yes, because the missing screw is circumstantial evidence of the cause, not direct evidence of a negligent act, so res ipsa remains available.

Explanation: Res ipsa loquitur lets a jury infer negligence from the circumstances when the accident is the sort that ordinarily doesn't happen without negligence, and the defendant had exclusive control. But as Tran teaches, the instruction disappears if the plaintiff presents direct evidence of the specific negligent act or omission claimed to have caused the injury. Here, Kara isn't guessing from the fall alone; she has a maintenance worker's testimony that the building manager was emailed about a missing screw two days before, plus a repair log showing no repair. That is direct evidence of a specific omission—failure to fix the bracket after notice—so res ipsa is not available. The court should deny the instruction. The choice saying "No, because Kara's evidence directly identifies the specific negligent omission" is correct. The choice claiming "no one saw the projector fall, so res ipsa applies" misses the point: res ipsa exists for unseen accidents, but direct evidence of the precise negligent act overrides it. The choice arguing "the missing screw is circumstantial evidence of the cause, not direct evidence of a negligent act" is a trap—the direct evidence is the notice plus failure to repair, not just the missing screw itself. Finally, the choice asserting no exclusive control and no duty is wrong on the facts: the building owner had responsibility for the premises and the mounted projector, and exclusive control isn't the deciding issue here. Study takeaway: on res ipsa questions, separate direct evidence of the specific negligent act (bars the instruction) from direct evidence of the cause (does not bar it). If the plaintiff can point to exactly what the defendant did wrong, res ipsa is unnecessary.