Newing v. Cheatham

In Newing v. Cheatham (1975) 15 Cal.3d 351, an action was brought for wrongful death arising out of the crash of a private airplane. At page 359, the Supreme Court stated: "It is settled law in this state that the 'doctrine of res ipsa loquitur is applicable where the accident is of such a nature that it can be said, in the light of past experience, that it probably was the result of negligence by someone and that the defendant is probably the one responsible. ' According to the classic and oft-repeated statement, there are three conditions for the application of the doctrine: '"(1) the accident must be of a kind which ordinarily does not occur in the absence of someone's negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; (3) it must not have been due to any voluntary action or contribution on the part of the plaintiff."' (Ybarra v. Spangard (1944) 25 Cal.2d 486, 489 . . . .) The existence of one or more of these conditions is usually a question of fact for the jury. In a proper case, however, they all may exist as a matter of law. "