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Gerhart V. Francis Hotel Case Summary

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Plaintiff (Larson), while walking on the sidewalk by the St. Francis Hotel, was struck on the head by an armchair and injured. She sought damages from the defendants who were owners of the St. Francis Hotel. At trial there was no testimony regarding where the chair came from, nor was there any proof that the chair belonged to the hotel. The plaintiff relied upon the doctrine of res ipsa loquitur as evidence of the hotel’s liability.

HISTORY: On motion of defendant, the trial court granted a nonsuit. Plaintiff appealed.

ISSUE: Under the circumstances shown, does the doctrine res ipsa loquitur apply?

RULING: No. The judgment of the trial court is affirmed.

RATIONALE: Gerhart v. Southern Cal. Gas Co., 56 Cal.App.2d 425 [132 P.2d 874],

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