Khanoyan

On May 22, 1960, plaintiff was a paying spectator and business invitee at a “Destruction Derby,” a form of entertainment operated by defendant consisting of a series of collisions between old “jalopies.” The winner of the derby was the driver of the last vehicle remaining in operating condition. Seated in the twelfth row of the grandstand, plaintiff was struck in the chest by a portion of a fan blade flying from one of the colliding vehicles participating in the derby.

Plaintiff’s suit for damages for personal injuries, tried before a jury, resulted in a judgment for defendant. A motion for new trial was denied and plaintiff appeals from the judgment.

The sole issue raised on appeal is the asserted error of the trial court in refusing to instruct the jury upon the doctrine of res ipsa loquitur. The appeal is brought on a settled statement, which, omitting exhibits, is partially set forth in the footnote.

Plaintiff states that the elements required to entitle him to the inference of negligence on the part of defendant under the doctrine of res ipsa loquitur are (1) that it is the kind of accident which ordinarily does not occur in the absence of someone’s negligence; (2) that it…