HOWE v. SEVEN FORTY TWO CO., INC.

No. B218939.

189 Cal.App.4th 1155 (2010)

117 Cal. Rptr. 3d 126

MICHAEL HOWE, Plaintiff and Appellant, v. SEVEN FORTY TWO COMPANY, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

November 5, 2010.


Attorney(s) appearing for the Case

Law Offices of George T. Kelly and George T. Kelly for Plaintiff and Appellant.

Joseph L. Stark & Associates and Joseph L. Stark for Defendant and Respondent.


OPINION

EPSTEIN, P. J.

In this case we hold that although the presumption of negligence established by Evidence Code section 646 (res ipsa loquitur) disappears upon the introduction of evidence tending to rebut the presumed fact, the plaintiff is still entitled to rely on the logic of the underlying common law inference of negligence if the evidence supports it, as it does in this...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases