MAI - Res Ipsa Loquitur

{Note: Selection of the proper form and its use and modification to suit individual facts and circumstances requires careful review of all the language by the user. Some of the forms provided are for illustrative purposes only; therefore, they do not contain {}.}

{31.02(1) [1997 Revision] Verdict Directing -- Res Ipsa Loquitur -- Pedestrian}

Your verdict must be for plaintiff if you believe:

First, defendant was the driver of the automobile, and

Second, the automobile left the street and ran across the sidewalk, and

Third, from the fact of such occurrence and the reasonable inferences therefrom, such occurrence was directly caused by defendant's negligence, and

Fourth, as a direct result of such negligence, plaintiff sustained damage.

{31.02(2) [1997 Revision] Verdict Directing -- Res Ipsa Loquitur -- Bus Passenger}

Your verdict must be for plaintiff if you believe:

First, defendant was the {driver} {operator} of the bus, and

Second, the bus made a sudden and unusual {stop} {swerve} {jerk} {lurch} and

Third, from the fact of such occurrence and the reasonable inferences therefrom, such occurrence was directly caused by defendant's negligence, and

Fourth, as a direct result of such negligence, plaintiff sustained damage.

{31.02(3) [1997 Revision] Verdict Directing -- Res Ipsa Loquitur -- General}

Your verdict must be for plaintiff if you believe:

First, defendant {here describe defendant's control, right to control, or management of the instrumentality involved}, and

Second, {here describe the occurrence, event or incident, which is alleged to be the type that does not ordinarily happen when those in charge use due care}, and

Third, from the fact of such occurrence and the reasonable inferences therefrom, such occurrence was directly caused by defendant's negligence, and

Fourth, as a direct result of such negligence, plaintiff sustained damage.