Ybarra v. Spangard
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Ybarra v. Spangard[1] was a leading case in California discussing the exclusive control element of res ipsa loquitur. "Where a plaintiff receives unusual injuries while unconscious and in the course of medical treatment, all those defendants who had any control over his body or the instrumentalities which might have caused the injuries may properly be called upon to meet the inference of negligence by giving an explanation of their conduct."
Quick Facts Ybarra v. Spangard, Decided December 27, 1944 ...
Ybarra v. Spangard | |
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Decided December 27, 1944 | |
Full case name | Joseph Roman Ybarra v. Lawrence C. Spangard et al. |
Citation(s) | 25 Cal.2d 486 (1944) |
Case history | |
Prior history | Appeal from judgment of nonsuit to all defendants |
Subsequent history | none |
Holding | |
When a plaintiff receives unusual injuries while unconscious and in the course medical treatment, all those defendants who had control over his body may properly be called upon to explain their conduct. | |
Court membership | |
Chief Justice | Phil S. Gibson |
Associate Justices | John W. Shenk, Douglas L. Edmonds, Jesse W. Carter, B. Rey Schauer, Jesse W. Curtis |
Case opinions | |
Majority | Gibson, joined by Shenk, Curtis, Carter, Schauer, Edmonds |
Close
The contrary position would bar the application of res ipsa loquitur when there is no showing that the cause of the injury was the act of any particular defendant or instrumentality.