Legal Opinion
States v. Lourdes Hospital
New York Court of Appeals
Decided May 6, 2003PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The first prerequisite for invocation of the doctrine of res ipsa loquitur, and the inference of negligence it permits, is that the injury-causing event be of a kind that ordinarily does not occur in the absence of negligence. In Kambat v St. Francis Hosp., we held that res ipsa loquitur was available in “a narrow category of factually simple medical malpractice cases requiring] no expert to enable the jury reasonably to conclude that the accident would not happen without negligence” (89 NY2d 489, 496 [1997]), but left for another day the question of “whether…
2Cases cited17 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Buckelew v. GrossbardSupreme Court of New Jersey · 1981
- Kambat v. St. Francis HospitalNew York Court of Appeals · 1997
- Haddock v. ArnspigerTexas Supreme Court · 1990
- Ebanks v. New York City Transit AuthorityNew York Court of Appeals · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- James v. WormuthNew York Court of Appeals · 2013
- Marsh v. SmythAppellate Division of the Supreme Court of the State of New York · 2004
- Pena v. Women's Outreach Network, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Ezzard v. One E. Riv. Place Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2015
48 more not listed; retrieve them via the Exa API.