Briar v. Elder-Beerman Department Store, Inc.

HOFFMAN, Judge,

dissenting.

I respectfully dissent.

In order to establish “res ipsa loquitur,” the cause (the thing or instrumentality which causes the injury) must be identified. It cannot be unknown. Brinegar v. Robertson Corp. (1990), Ind.App., 550 N.E.2d 812, trans. denied.

Allegations in the complaint or statements by the parties’ counsel in the memorandum, which are contrary to answers contained in the interrogatories, are not enough to raise a *14genuine issue of material fact. The majority uses these to show an inference of an issue.

I would affirm the trial court.