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Negligence
By: Derek Hawkins//July 6, 2017//
Listen to this article7th Circuit Court of Appeals
Case Name: Cedric J. Smith v. United States of America
Case No.: 16-4085
Officials: EASTERBROOK, KANNE, and ROVNER, Circuit Judges.
Focus: Negligence
Cedric Smith brought suit against the federal government under the Federal Tort Claims Act, 28 U.S.C. §§ 2671, et seq., for injuries he sustained when he fell off a stool at the federal courthouse in Rock Island, Illinois. Smith relies on the doctrine of res ipsa loquitur to impute negligence to the government. The district court concluded that Smith had not made a showing sufficient to trigger the res ipsa loquitur inference of negligence. We find to the contrary and reverse and remand for further proceedings.
Reversed and remanded
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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