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

P sued Chiquita (D) for damages after he fell into a drainage gutter in D's factory. The gutters were covered with steel safety grates that fit into grooves so that they would lay flush with the floor. They were designed to support the weight of people walking or standing on them. The evidence showed that D had exclusive control over the grate and that the grate could not fall into the gutter if it had been properly set in place. There is no evidence that the grate bent or broke or that P moved or lifted the grate. P had glanced at the grate and 'it had the appearance of being okay.' He put the weight of one leg on the grate, and it held up and did not move or wobble. When he placed his full weight on the grate, and the grate over the top buckled down into the gutter, and P fell. The grate slipped down into the gutter at an angle and his foot followed. He injured his leg in the fall. The district court refused to instruct on res ipsa loquitur. The jury found neither party negligent.

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