Manhattan by Sail, Inc., et al. v. Charis Tagle states in explicit dicta that "Res ipsa loquitur is not limited to accidents that could occur only because of negligence. For res ipsa loquitur to apply, a claimant must show that the event is of a type that ordinarily does not occur in the absence of negligence." Footnote 2 reads: "If our judgment were based solely on the district court’s incorrect application of the res ipsa doctrine, we would have directed the district court to reconsider whether Biggs was negligent, giving Tagle the benefit of res ipsa loquitur. Because our judgment is that Tagle has proved negligence regardless of the applicability of res ipsa loquitur, we have reached a different judgment—that the district court must rule in favor of Tagle as to Biggins’s negligence as the cause of her injury. Accordingly, our discussion of the standards for res ipsa loquitur is dictum and not a holding of this case."
You can download the oral argument here (MP3).
Argued: October 24, 2016
Decided: October 5, 2017
Opinion by Judge Pierre N. Leval