City of Louisville v Humphrey
Kentucky Court of Appeals
461 S.W.2d 352
Police picked up an intoxicated Humphrey (plaintiff's decedent) for disturbing the peace and booked him at a Louisville (defendant) jail. Hours later he fell exiting an elevator, was carried to and left on the floor of a "drunk tank," and when guards could not wake him hours later, he was taken to the hospital, diagnosed with a subdural hematoma, and died after surgery without regaining consciousness. His wife sued for negligence without submitting direct evidence of who inflicted his injuries; a jury found for her, and the trial court denied the city's motion for judgment notwithstanding the verdict.
Whether a prison keeper can be held liable in negligence under a theory of res ipsa loquitur simply because it is established that an inmate was injured while in custody.