Giles v. City of New Haven
Connecticut Supreme Court
636 A.2d 1335 (1994)
Elevator operator Giles (plaintiff) was injured when a compensation chain -- maintained exclusively by Otis (defendant) -- swayed excessively and failed while she was ascending; Otis's expert testified the sway likely resulted from Giles misoperating the elevator by rapidly reversing direction, while Giles testified she only reversed direction after the chain had already failed. The trial court declined to apply res ipsa loquitur and directed a verdict for Otis, but the appellate court reversed, finding enough evidence to let a jury consider negligence under that doctrine.
Whether a plaintiff must show that the defendant had absolute and exclusive control over an injury-causing instrumentality in order to invoke the doctrine of res ipsa loquitur.