For Your Data Shutt V. Kaufman’S, Inc. Representative Brief

Shutt v. Kaufman’s, Inc. illustration brief summary
438 P.2d 501 (1968)

CASE SYNOPSIS

Plaintiff visitor assigned fault to an social club of the District Court of El Paso County (Colorado), which entered judgment on the verdict inwards favor of accused storekeeper inwards the visitor's personal injury action.

CASE FACTS
A visitor went to the storekeeper's shore shop to endeavor on shoes. When the visitor sat down, her chair bumped a display tabular array alongside sufficient forcefulness to campaign the shoe stand upward higher upward her chair to topple off a shelf in addition to blast her on the head. The visitor appealed the verdict inwards favor of the storekeeper inwards her personal injury action.

DISCUSSION

The courtroom affirmed because the visitor failed to prevail fifty-fifty alongside the unfair wages of an erroneously submitted teaching on res ipsa loquitur.
The courtroom held that the visitor could accept shown that the storekeeper was responsible for her injuries past times demonstrating that the tabular array or stand upward were in addition to hence unstable that the storekeeper created a unsafe status past times placing the stand upward on the table's overstep shelf higher upward customers' heads where it was probable to topple off.
The courtroom held that the storekeeper was non an insurer of the trouble concern visitor's security in addition to that the mere happening of the accident did non enhance a presumption of negligence.

RULES
See res ipsa loquitur.

CONCLUSION
The courtroom affirmed the storekeeper's judgment inwards the visitor's negligence action.

Suggested constabulary schoolhouse report materials