Butti v. Rollins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In a medical malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Kutner, J.), entered May 28, 1985, which, upon a jury verdict, is in favor of the defendants and against them.
Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
Submission of a case on the theory of res ipsa loquitur is warranted only when a plaintiff has established that the event is of a kind which ordinarily does not occur absent someone’s negligence, that the…
2Cases cited6 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Ebanks v. New York City Transit AuthorityNew York Court of Appeals · 1987
- Schroeder v. City County Savings Bank, AlbanyNew York Court of Appeals · 1944
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1968
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3Cited by9 opinions
- Raimondi v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1995
- Georges v. SwiftAppellate Division of the Supreme Court of the State of New York · 1993
- Davis v. Vantage Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Bucsko v. GordonAppellate Division of the Supreme Court of the State of New York · 2014
- Edmonds v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2002
4 more not listed; retrieve them via the Exa API.