Examining the Case of Schindler Elevator Corporation v. Darren Ceasar: A Breakdown of the Texas Supreme Court’s Decision

THOUGH APPLIED RARELY, A RES IPSA INSTRUCTION ON A JURY CHARGE CAN SPELL DISASTER. The Texas Supreme Court ruled recently that a trial court abused its discretion by including a res ipsa loquitur instruction on a jury charge and remanded the case back for a new trial. The case was Schindler Elevator Corporation v. Darren Ceasar, and the Supreme Court decided that the conclusory testimony of Plaintiff’s expert failed to satisfy established res ipsa elements….
By: Maron Marvel Bradley Anderson & Tardy LLC