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This section contains the nature of the case and procedural background.

P was attending a basketball game and sitting in bleachers designed to fold against the gym wall when not in use. After the game was over the section occupied by P suddenly folded back throwing P to the floor. P plead specific negligence and res ipsa loquitur. There was no proof of specific negligence, but res ipsa loquitur was submitted to the jury. The verdict went to P and D appealed.

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Legal analysis from Dean's Law Dictionary will be displayed here.