James B. Chapman, M.d., Petitioner v. Carolyn K. Harner, Respondent

Summary

The court held that res ipsa loquitur operates under Colorado Rule of Evidence 301, creating a rebuttable presumption that shifts only the burden of producing rebuttal evidence, not the burden of persuasion. The plaintiff therefore retains the burden of proving negligence throughout the case, and the court overruled contrary precedent to that extent. The judgment reversing the trial court was reversed, and the case was remanded for consideration of the respondent's remaining arguments.