Shutt v. Kaufman's, Inc.
Colorado State Supreme Court
438 P.2d 501 (1968)
Relevant factsFree
Shutt (plaintiff), a customer at a shoe store owned by Kaufman's (defendant), sat down on a chair that bumped a display table, causing a metal shoe stand to fall on her head; she sued for negligence, the jury was instructed on res ipsa loquitur, and returned a verdict for Kaufman's. Shutt's motion for a new trial was denied, and she appealed.
IssueFree
Whether a plaintiff can establish negligence through res ipsa loquitur by establishing that she could not have foreseen the manner in which the injury would occur.