1L Law Source

Heading: Anderson v. Service Merchandise Company, Inc., 240 Neb. 873 (1992) p83.

Facts: - P was injured when a light fixture fell 15 feet from the ceiling and hit her while she was waiting to pay at D’s Service Merchandise store.

In 1985 D hired Sylvania to service and maintain the lighting.
Sylvania inspected the lights 5 months before the accident. What occurred in that inspection is undisclosed.
D’s employees regularly changed light bulbs in the fixtures.

Procedure: Trial court granted summary judgement to both Ds. Nothing presented in summary judgement proceedings suggested any specific negligence.

Issue: Is res ipsa loquitur applicable in this case?

Rule: "Exclusive control" of a situation must be established in order for res ipsa loquitur to apply.

Holding: Anderson was in exclusive control of the light fixture, an exclusive requisite for res ipsa loquitur. Therefore it must be negligent.

Rationale: Service Merchandise was in exclusive control of the premises for purposes of res ipsa loquitur because SM possessed and therefore controlled the site of the accident and had a nondelegable duty to exercise reasonable care for the protection of Anderson, a business invitee. Landlord has a non-delegable duty to the safety of the building. So SM was liable no matter what.

Policy/Notes: res ipsa loquitur (the thing speaks for itself) – operates as a type of circumstantial evidence, "facts or circumstances proved or known, from which existence or nonexistence or another fact may be logically inferred or deduced through a rational process.

Sylvania is not responsible because they did not have control of the lighting fixtures.