Gaston v. Smith

The defendant assigns as error the submission of the facts to the jury with an instruction on the doctrine of res ipsa loquitur. This doctrine is applicable where the instrumentality which caused the damages was under the exclusive control of the defendant and it was such as does not ordinarily occur in the absence of negligence on the part of the defendant. O'Quinn v. Southard, 269 N.C. 385, 152 S.E.2d 538 (1967); Page v. Sloan, 12 N.C. App. 433, 183 S.E.2d 813 (1971). It is not necessary to show the precise negligent act of the defendant to invoke the doctrine of res ipsa. In fact, if the specific acts of negligence are relied upon, direct or circumstantial evidence is normally required rather than an inference. Lea v. Light Co., 246 N.C. 287, 98 S.E.2d 9 (1957); Colclough v. A. & P. Tea Co., 2 N.C. App. 504, 163 S.E.2d 418 (1968).