Res ipsa loquitur

George v Eagle Air Services Ltd and others [2009] UKPC 21; TLR 15 May

Hughes Williams was a mechanic working for the first defendants in St Lucia and his duties included servicing and repairing their aircraft. He and the pilot were killed in an air crash involving the first defendant’s aircraft. The claim alleged that the deceased was travelling in the course of his employment and that his death was caused by pilot negligence. The defence alleged that the aircraft had been serviced by the deceased and was airworthy for the flight. Otherwise, the defence simply denied the allegations of negligence and advanced no positive case to explain the crash. The Court of Appeal of the Eastern Caribbean have held the dismissal of the action for want of any evidence as to how the act should had occurred. On appeal the claimant raised the issue of res ipsa loquitur.