Lampasas v. Spring Center, Inc

In Lampasas v. Spring Center, Inc., 988 S.W.2d 428, 435 (Tex. App.--Houston 14th Dist. 1999, no pet.), the Fourteenth Court of Appeals addressed whether there was sufficient evidence to show res ipsa loquitur in a fire case, so as to allow the plaintiff to survive a no-evidence challenge in a negligence suit. In Lampasas, the record contained no evidence of the cause of a warehouse fire. Id. at 431, 434-35. The investigators' reports indicated the cause of the fire was unknown. Id. at 435. Noting that fires originate from many sources that may or may not involve someone's negligence, the court concluded appellant had not demonstrated the character of the fire was such that it would not ordinarily occur in the absence of negligence. Id. As to the second res ipsa factor, the court concluded under the facts presented, there was no evidence that the instrumentality that caused the fire was under the management and control of the defendants. See id.