Rose Stone alleged she was knocked down in the doorway of a Marriott Hotel when the automatic doors closed on her as she was entering the hotel. Although she was unable to prove exactly what caused the doors to close on her, she argued the legal principle of “res ipsa loquitur” (the thing speaks for itself) applies.
Stone explained to the judge the doors were under the control of Marriott and were occasionally serviced by Dor-O-Matic whenever Marriott called for maintenance. Dor-O-Matic manufactured, installed and repaired the doors.
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Although Stone was unable to explain exactly what caused the doors to close on her, causing her injury, she argued the doors were under control of Marriott, which should be responsible for the safety of persons passing through those doors. But Marriott replied that many persons pass through those doors each day, and they might have caused the malfunction.
Stone then responded that Marriott had control over the automatic doors and had a duty to maintain them, so her injury could only have been caused by Marriott’s negligence.
If you were the judge would you rule the “res ipsa loquitur” legal principle applies and this injury would not have occurred without Marriott’s negligence?
The judge said yes!
“A case may be committed to the jury on the theory of