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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-25

Other Sections in This Document (206)

Full Text

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. It is important to note that even if the landlord’s “explanation is unsatisfactory or indeed even if no explanation is made, the jury is free to decline to draw an inference of negligence.” Krebs, supra, 321 A.2d at 562. Res ipsa loqui-tur permits but does not compel the factfinder to infer negligence; it does not shift the burden of proof. Aetna v. Walker, 344 A.2d 218, 220 n. 5 (D.C.1975); Lathon v. Hadley Memorial Hosp., 250 A.2d 548, 549 (D.C.1969). Res ipsa loquitur permits the plaintiff to present the case to the jury and escape nonsuit. United States Fidelity & Guar. Co. v. Doctor’s Hosp., 265 A.2d 774, 775 (D.C.1970). In some cases, however, the inference of negligence may be so strong that the defendant may be compelled to answer or suffer a directed verdict (as where human body parts are found in chewing tobacco). W. Prosser, Handbook of the Law of Torts § 39, at 229 (4th ed. 1971).