Res Ipsa Loquitur

In Wilkins v. West Harlem Group Assistance, Inc., 2018 NY Slip Op 08247 (App. Div. 1st Dept. Dec. 4, 2018) – a premises liability personal injury case – the court reversed the lower court’s decision granting summary judgment to defendant. In sum, plaintiff was injured when, after attempting to close a window on property leased by…

Read More “Res Ipsa Loquitur” Doctrine Applicable in Falling-Window Personal Injury Case; Summary Judgement to Defendant Reversed

In Newisky v. United Artists Kaufman Astoria 14 Regal Cinemas, 2018 NY Slip Op 06880 (App. Div. 2d Dept. Oct. 17, 2018), the court held that defendant should have been granted summary judgment dismissing the complaint. The court described the accident as follows; The plaintiff and his wife arrived at the theater and began to look…

Read More Movie Seat Injury Case Properly Dismissed; Res Ipsa Loquitur Unavailable

In Correa v. Matsias, 2017 WL 4159254 (N.Y.A.D. 2 Dept. Sept. 20, 2017), a ceiling-collapse personal injury case, the court held that plaintiff could not employ the doctrine of “res ipsa loquitur” at trial. That doctrine, explained the court, is a rule of evidence that permits an inference of negligence to be drawn solely from…

Read More “Res Ipsa Loquitur” Doctrine Held Inapplicable in Ceiling-Collapse Personal Injury Case, But Complaints to Superintendent Demonstrated Notice Sufficient to Overcome Summary Judgment

Shawn Bickham just wanted a Coke. He got one from the fridge and started drinking. After he had finished about half the can, he “felt something get caught in his throat” which “felt like something poking and something just stuck, lodged [in his throat].” It turned out that the object was a non-metallic “dried, brittle…

Read More Case Arising From Ingestion of “Dried, Brittle Mass” From Coke Can Survives Summary Judgment Under “Res Ipsa Loquitur” Theory

In Levin v. Mercedes-Benz Manhattan, Inc., 2015 NY Slip Op 06025 (App. Div. 1 Dept. July 9, 2015), a personal injury case, the Appellate Division, First Department affirmed a summary judgment for plaintiff under the doctrine of “res ipsa loquitur“. Generally, res ipsa loquitur permits a factfinder to infer negligence based upon the sheer occurrence of…

Read More Res Ipsa Loquitur Applicable; Plaintiff Granted Summary Judgment in Garage Door Fall Personal Injury Case

In Moriarty v. Lenox Terrace Development Associates (NY Sup. Ct. 3/24/15), the plaintiff sought to recover for injuries she sustained after tripping and falling upon exiting a misleveled elevator in her building. She relied, in part, on the theory of “res ipsa loquitur”. The court explained that, in order to invoke that doctrine, a plaintiff…

Read More Elevator Misleveling Trip-and-Fall Case Proceeds to Trial on Res Ipsa Loquitur Theory

In Dosanjh v. Satori Laser Ctr. Corp. (App. Div. 1st Dept. Apr. 16, 2015) – a personal injury case arising from burns sustained by the plaintiff during a laser hair removal procedure – the court discussed the limitations on the doctrine of “res ipsa loquitur” in a negligence case. The court unanimously reversed the Supreme Court’s…

Read More Expert Testimony Required to Prove Negligence in Laser Hair Removal Injury Case, Court Holds

In Barney-Yeboah v. Metro-North Commuter Railroad, the Appellate Division, First Department held that plaintiff was entitled to summary judgment on the issue of liability under the doctrine of resipsa loquitur. Here are the facts of this personal injury case: Plaintiff, a passenger on defendant’s train, was allegedly injured when a ceiling panel in the train…

Read More Court Holds that Train Panel Injury Results in Summary Judgment in Plaintiff’s Favor Under Doctrine of Res Ipsa Loquitur