Koch v. Norris Public Power District

Nebraska Court of Appeals · Torts

TortsRes ipsa loquiturNegligenceDirected verdictfallen powerlineexclusive controlabsence of explanationcircumstantial evidence

Facts

A high-voltage powerline maintained by Norris fell into the Koches' field and started a fire that burned 86.6 acres and caused stipulated damages of at least $41,243.25. Norris did not dispute that its line fell and caused the fire, but the broken line was later found in a Dumpster and then destroyed by testing of unspecified kind. The weather was sunny and windy, with Koch estimating winds at about 40 miles per hour, and there was no claim that the wind was extreme. Norris' engineer testified that powerlines do not ordinarily fall without some cause, that Norris alone maintained and controlled the line, and that he could not determine whether vandalism caused the break.

Issue

Whether the evidence was sufficient to establish a prima facie case of negligence under res ipsa loquitur so that the trial court erred in directing a verdict for Norris. More specifically, the question was whether a fallen powerline that caused damage could satisfy res ipsa's requirements of an occurrence not ordinarily happening without negligence, exclusive control by Norris, and absence of an adequate explanation.

Rule

Res ipsa loquitur may be invoked when (1) the occurrence is one that would not, in the ordinary course of things, happen in the absence of negligence, (2) the instrumentality producing the occurrence was under the exclusive control and management of the defendant, and (3) there is an absence of explanation by the alleged wrongdoer. The plaintiff need not eliminate with certainty all other possible causes; it is enough if reasonable persons could conclude that, on the whole, negligence is more likely associated with the event than not.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

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

In rural Salina, Kansas, a transmission line owned and maintained by Prairie Bend Electric fell into Lena Ortiz's hay field on a clear afternoon and ignited a fire. Prairie Bend's grid supervisor testified that lines like this do not ordinarily fall unless something causes them to, and the company could not identify any specific cause.

If Lena relies only on res ipsa loquitur and Prairie Bend moves for a directed verdict, how should the court rule?

Explanation. Res ipsa loquitur permits a prima facie case when the event ordinarily does not happen without negligence, the instrumentality was under the defendant's exclusive control and management, and the defendant offers no sufficient explanation. The majority treated an unexplained downed powerline as the kind of event that ordinarily does not occur absent negligent construction or maintenance, and held that such a case should go to the fact finder rather than be resolved by directed verdict when reasonable minds could differ.