Ruml v. Giant Food, Inc.
Decision Date | 12 May 1972 |
Docket Number | No. 6215.,6215. |
Citation | 290 A.2d 571 |
Parties | Marion D. RUML, Appellant, v. GIANT FOOD, INC., Appellee. |
Court | D.C. Court of Appeals |
Gerald W. Farquhar and James F. Bromley, Washington, D. C., on brief for appellee.
Before HOOD, Chief Judge, and KELLY and NEBEKER, Associate Judges.
Appealed is a judgment for the defendant based on a directed verdict granted after presentation of all evidence by the plaintiff. That evidence revealed that she was cut by flying glass when a single bottle fell near a stacked display of soft drink bottle cartons. In ruling on the motion, the trial court accurately related the relevant evidence describing the event:
". . .
We affirm.
Although plaintiff also produced expert testimony respecting general use of such display stacks and their relative stability1 and introduced photographs of the stack in question,2 the trial court correctly observed:
We hold that on the facts here revealed proof of negligence was not sufficient to permit jury consideration. See Bodenheimer v. National Food Stores, Inc., 255 N. C. 743, 122 S.E.2d 715 (1961); Johnson v. Safeway Stores, Inc., D.C.App., 265 A.2d 596 (1970). See also Rekart v. Safeway Stores, Inc., 81 N.M. 491, 468 P.2d 892 (1970) ( ). See generally Annot., 20 A.L.R.2d 95 (1951) (including later cases 3). It might also be observed in this context that the mere happening of an accident does not impose liability or permit an inference of negligence. Paylor v. Safeway Stores, Inc., D.C.App., 225 A.2d 312 (1967); Brown v. Alabama Foods, Inc., D.C.App., 190 A.2d 257 (1963).
Moreover, the evidence lacks a showing of superior knowledge or exclusive control sufficient to permit use of the doctrine of res ipsa loquitur. Avis Rent-A-Car System, Inc. v. Standard Meat Co., D.C.App., 288 A.2d 243 (1972); Uberti v. District of Columbia, D.C.App., 215 A.2d 766 (1966); Lee v. Safeway Stores, Inc., D.C.Mun.App., 184 A.2d 212 (1962). See Restatement (Second) of Torts § 328D, comments f. and g. ...
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K-Mart Corp. v. Gipson
...Inc. (1982), Mo.App., 631 S.W.2d 690 (can fell from the top of an open shelf containing a stack of canned goods); Ruml v. Giant Food, Inc. (1972), D.C.App., 290 A.2d 571 (soft drink bottle fell from a stacked display of soft drink bottle cartons); Biaggi v. Giant Food Shopping Center (1957)......
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District of Columbia v. Davis, 11597.
...in this jurisdiction that the mere happening of an accident does not impose liability or reveal proof of negligence. Ruml v. Giant Food, Inc., D.C. App., 290 A.2d 571 (1972); Paylor v. Safeway Stores, Inc., D.C.App., 225 A.2d 312 (1967); Brown v. Alabama Foods, Inc., D.C. App., 190 A.2d 257......
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Jones v. Safeway Stores, Inc., 6812.
...could have produced the same result. The record in this case does not differ markedly from that before us in Ruml v. Giant Food, Inc., D.C.App., 290 A.2d 571 (1972). There, a directed verdict for the defendant in an action by a customer against the store for an injury sustained was upheld, ......