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Sutor v. Rogotzke
Minnesota Supreme Court
194 N.W.2d 283 (1972)
- Written by Eric Miller, JD
Facts
Daniel Rogotzke (defendant) and William Sutor were hunting when a friend showed his gun to Rogotzke. As Rogotzke examined the gun, it discharged for reasons that Rogotzke was unable to precisely explain. Sutor was struck by the bullet and died. Sutor’s trustee (plaintiff) brought suit. In the trial, Sutor’s trustee requested that the jury receive instructions on res ipsa loquitur. Instead, the jury was instructed on the rules of ordinary negligence. The jury found in favor of Rogotzke. However, the trial court decided that it had been an error to deny the instructions on res ipsa loquitur and granted a new trial. Rogotzke appealed. The Minnesota Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Otis, J.)
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