Boyer v. Iowa High School Athletic Association

Supreme Court of Iowa · 1967 · Torts

TortsNegligenceRes ipsa loquiturPremises liabilitybleacher collapsespectator injuryexclusive control and managementinference of negligence

Facts

Plaintiff attended a tournament basketball game managed, supervised, and directed by defendant under a written contract with the school hosting the event. She and others were seated on the top row of folding bleachers, and near the end of the game they stood on seats or footrests to see over spectators in front of them, as spectators commonly did at exciting games. As the game ended and people began leaving, one section of the bleachers collapsed or folded back toward the wall, throwing plaintiff and others to the floor. Only that section collapsed, and there was no evidence of the precise mechanical cause.

Issue

Whether the trial court properly submitted the case to the jury under res ipsa loquitur when the precise cause of the bleacher collapse was unknown, and whether defendant could be treated as the possessor or tenant owing a duty of reasonable care to invited spectators under the contract with the school.

Rule

Res ipsa loquitur applies when (1) the injury is caused by an instrumentality under the exclusive control and management of the defendant, and (2) the occurrence is of a kind that in the ordinary course of things would not happen if reasonable care had been used. The doctrine permits, but does not compel, an inference of negligence. Limited control by injured plaintiffs or third persons at the time of the accident does not bar the doctrine as a matter of law if the jury could find defendant was in control at the time of the negligent act that later caused the injury. Construction of a contract—its legal effect—is for the court, and a tenant or possessor is presumptively responsible to invitees for reasonable care of the premises.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

During a paid youth wrestling tournament in Des Moines, Lena Ortiz sat on retractable wooden bleachers that had been extended for spectators by staff working under the event organizer's direction. As the crowd rose at the end of a close match, one bleacher section suddenly folded backward toward the wall and Lena was thrown to the floor; no witness could identify the exact part that failed.

If Lena sues the organizer and relies on res ipsa loquitur, which is the strongest basis for allowing the case to go to the jury?

Explanation. The majority held res ipsa may be submitted when the jury could find (1) exclusive control and management by defendant of the instrumentality at the time of the negligent act, and (2) an occurrence that ordinarily would not happen with reasonable care. A bleacher collapse during normal use fits that description. The exact defect need not be identified, and ordinary spectator use does not defeat the doctrine as a matter of law. (Derived from Boyer v. Iowa High School Athletic Association (n.d.).)