Question
Scruff McGruff was walking along the streets of New York when he walked through a stretch of sidewalk that had some construction and framing. As
Scruff McGruff was walking along the streets of New York when he walked through a stretch of sidewalk that had some construction and framing. As he walked through, one of the metal rods from the framing fell on him. He suffered a minor concussion but didn't know how the rod fell or who caused the rod to fall. What he did know is that someone was responsible. For Res Ipsa Loquitor to apply, what would McGruff have to prove?
Group of answer choices
A. The event was caused by an agency or instrumentality within the defendant's exclusive control
B. All of the above are needed
C. The event causing the harm was not due to any voluntary action or contribution on the part of the plaintiff
D. The event would not have occurred in the absence of someone's negligence
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