Ybarra v. Spangard
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High Quality Content by WIKIPEDIA articles! Ybarra v. Spangard was a leading case in California discussing exclusive control element of res ipsa loquitur. It held that, "[w]here 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." The contrary position would bar the application of res ipsa loquitur when there is no showing that…mehr

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High Quality Content by WIKIPEDIA articles! Ybarra v. Spangard was a leading case in California discussing exclusive control element of res ipsa loquitur. It held that, "[w]here 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." 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. Plaintiff consulted Defendant, who diagnosed appendicitis and made preparations for surgery. Plaintiff entered the hospital, was given a hypodermic, slept, and was later awakened. He was wheeled into the operating room, where his body was pulled to the head of the table.