RES IPSA DID NOT APPLY TO INJURY TO PASSENGER STRUCK BY PORTION OF PANEL FROM BATH TUB WHICH FELL.
ROBERT HOOD, Plaintiff, - against - REGENCY MARITIME CORP.,Defendant.
99 Civ. 10250 (CSH)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
2000 U.S. Dist. LEXIS 17298
November 29, 2000, Decided
November 30, 2000, Filed
OVERVIEW: While using a private bathroom on a cruise ship, plaintiff was struck by a part of the tub which had come loose. Plaintiff filed suit against defendant cruise line for negligence. Defendant moved for summary judgment, which the court granted. The court held that being struck by a portion of the tub was not an incident uniquely encountered while at sea, and that the appropriate standard of care to be applied was that which was reasonable in the circumstances. As such, defendant had no actual or constructive knowledge of the defect. Plaintiff's res ipsa loquitor claim failed because he failed to prove that defendant had exclusive control over the instrument which caused the injury.
OUTCOME: Motion of defendant for summary judgment granted, because plaintiff failed to present evidence that defendant breached appropriate standard of care; res ipsa loquitor claim failed where defendant did not have exclusive control.
Bookmark: 
