Murphy v. Cole National Corp.

SHANGLER, Presiding Judge.

The plaintiff Murphy sued the defendant Cole National Corporation for damages for injury to the eyes from the negligent insertion of contact lenses. The petition alleged the cause of action in two counts. Count I was couched in terms of specific negligence, and Count II in res ipsa loquitur. The plaintiff elected to submit on the theory of res ipsa loquitur, and the jury returned a verdict of $125,000 for the plaintiff. The defendant then moved for judgment notwithstanding the verdict on the ground that the plaintiff had not proven the res ipsa loquitur theory of…