The U.S. Court of Appeals for the 8th Circuit held that Plaintiffs’ alternate theories of the instrument that caused the fire precluded the application of the Res Ipsa Loquitur Doctrine. In Depositors Ins. v. Wal-Mart Stores, Inc., 506 F3rd 1092 (8th Cir. 2007). The Plaintiffs asserted that a manufacturing defect in either a GE extension cord or a Fletcher lamp cord caused a fire which resulted in extensive property damage. A lamp cord had been plugged into the extension cord which in turn was plugged into an electrical outlet. The fire damaged the extension cord, lamp and the house. The Plaintiffs’ expert could neither locate the point of origin of the fire nor reach a conclusion regarding the cause of the fire. The Plaintiff asserted general negligence claims under the Res Ipsa Loquitur Doctrine. Confirming a summary judgment on this issue, the Court said,
Here, the plaintiffs identify two instruments-the GE extension cord and the Fletcher lamp cord-that potentially could have caused the fire. The plaintiffs never specifically identify the instrument that caused the fire; rather, the plaintiffs proceed on the assumption that identifying two instruments that potentially could have caused the fire is a sufficient basis upon which to apply the Res Ipsa Loquitur Doctrine. The plaintiffs, however, are incorrect. We hold the plaintiffs alternative theories of the instrument that caused the fire precludes the application of the Res Ipsa Loquitur Doctrine.