Ybarra v. Spangard
Ybarra v. Spangard was a leading case in California discussing the exclusive control element of res ipsa loquitur. "Where a plaintiff receives unusual injuries while unconscious and in the course of medical treatment, all those defendants who had any control over his body or the instrumentalities which might have caused the injuries may properly be called upon to meet the inference of negligence by giving an explanation of their conduct." The contrary position would bar the application of res ipsa loquitur when there is no showing that the cause of the injury was the act of any particular defendant or instrumentality. Facts Joseph Ybarra consulted defendant Dr. Tilley, who diagnosed appendicitis and made preparations for surgery. Ybarra entered the hospital, was given a hypodermic injection, slept, and was awakened. He was wheeled into the operating room, where his body was pulled to the head of the table. His back was laid against two hard objects at the top of his shoulders, about an inch from his neck. Prior to the operation, he had never had any pain in his arm or shoulder, but afterward, he felt a sharp pain in his neck near the shoulder and was unable to rotate