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

P was directed by his employer to D to pick up a load of tires. P was injured when a dock-plate upon which P was standing, malfunctioned, throwing P to the floor of his trailer. P sued for negligence and at trial relied upon both direct proof of D's alleged negligence and the inference of that negligence under the doctrine of res ipsa loquitur. P tendered the following instruction: 'There is a doctrine in law called res ipsa loquitur, which doctrine may come into effect under certain conditions in a negligence case. In order for the doctrine to apply, you must find that the following facts existed on May 29, 1979, the time of the occurrence in question: First: That the plaintiff was injured as a proximate result of the occurrence; Second: That the instrumentality causing the injury was under the exclusive control of D; Third: That the occurrence was of a sort which usually does not occur in the absence of negligence on the part of the person in control.” The trial court refused. D got the verdict, and P appealed.

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