Corcoran v. Banner Super Market, Inc., 21 N.Y.2d 425 (1968)
The doctrine of res ipsa loquitur can be applied against multiple defendants who share control and responsibility over an instrumentality when an accident indicates a failure of duty by each, even if neither has sole control.
Summary
Olga Corcoran was injured by a falling board between two adjacent stores. She sued the owner of one store (Kane’s estate) and the lessee (Banner Super Market). The court initially applied res ipsa loquitur against the owner but not the lessee. An appellate court reversed, finding res ipsa loquitur inapplicable due to joint control with a non-defendant. After retrial, the complaint was dismissed against both defendants. The New York Court of Appeals modified the appellate decision, holding that res ipsa loquitur could apply against the owner because of their shared duty to maintain the area, but not against the lessee who had no such duty.
Facts
Olga Corcoran was walking past two adjacent stores on Flatbush Avenue when she was struck by a falling board located in the space between the buildings, which caused her injuries. One store, 2052 Flatbush Avenue, was a fruit store owned by a non-party. The other, 2054 Flatbush Avenue, was owned by Margaret Kane (her executors are defendants) and leased to Banner Super Market, Inc. The board that fell was situated such that approximately one inch rested on the Kane property and four and a half inches on the fruit store property.
Procedural History
The trial court initially found for the plaintiff against Kane’s estate, applying res ipsa loquitur, but not against Banner. The Appellate Division reversed the judgment against Kane’s estate, arguing res ipsa loquitur was inapplicable due to joint control with the non-defendant fruit store owner, and ordered a new trial. On retrial, the court dismissed the complaint against both defendants, finding no basis for res ipsa loquitur or actual negligence. The Appellate Division affirmed but granted leave to appeal to the Court of Appeals.
Issue(s)
- Whether the doctrine of res ipsa loquitur applies to the owner of the property where the falling board was partially located, given that an adjacent property owner also shared control over the board.
- Whether the doctrine of res ipsa loquitur or evidence of specific negligence applies to the lessee of the property.
Holding
- Yes, because the owner had a duty to inspect the portion of the board on their property, independent of the adjacent owner’s duty, and the accident indicates a failure of that duty.
- No, because the lessee had no duty under the lease to maintain or repair the exterior of the building, and the evidence did not establish specific negligence on their part.
Court’s Reasoning
The court addressed the elements of res ipsa loquitur: (1) the event ordinarily does not occur absent negligence; (2) the instrumentality is within the defendant’s exclusive control; and (3) the plaintiff did not contribute to the event. While the first and third conditions were met, the second, exclusive control, was the main point of contention. The court reasoned that the purpose of the exclusive control requirement is to establish that the defendant’s negligence was the probable cause of the accident. Quoting Prosser, “[I]t is still necessary to bring it home to the defendant.” The court noted that the requirement has been relaxed in cases such as Zentz v. Coca Cola Bottling Co., where control at the time of the accident is not required if the instrumentality was not mishandled after leaving the defendant’s control.
The court cited Schroeder v. City & County Sav. Bank where res ipsa loquitur was applied against multiple defendants with shared supervision over a barricade. Similarly, in this case, the board was partially on the owner defendant’s property, creating a duty to inspect, separate from the fruit store owner’s duty. The court stated, “This type of accident permits the inference that each owner failed in his duty, and that if either had fulfilled his duty the accident would not have happened.” Thus, res ipsa loquitur could be applied against the owner. The court distinguished the lessee, Banner Super Market, because the lease did not obligate them to maintain the building’s exterior, and there was no evidence of specific negligence on their part.