Legal Opinion
Morejon v. Rais Construction Co.
New York Court of Appeals
Decided May 9, 2006PublishedCited by 134 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
In a personal injury or property damage case, it is plaintiffs burden to prove defendant negligent. Occasionally, however, a plaintiff to whom the defendant owes a duty of care is not in a position to prove directly what actually happened or that a specific act of the defendant was negligent. In a proper case, under the doctrine of res ipsa loquitur, the law allows a jury to consider the circumstantial evidence and infer that the defen dant was negligent in some unspecified way. (See generally Kambat v St. Francis Hosp., 89 NY2d 489 [1997]. 1
On this appeal,…
2Cases cited60 opinions
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- United States v. GaineySupreme Court of the United States · 1965
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Griffen v. . ManiceNew York Court of Appeals · 1901
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
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3Cited by134 opinions
- Naughton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Estate of Gustafson Ex Rel. Reginella v. Target Corp.Court of Appeals for the Second Circuit · 2016
- Union Mut. Fire Ins. Co. v. Ace Caribbean Mkt.Court of Appeals for the Second Circuit · 2023
- Ezzard v. One E. Riv. Place Realty Co., LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Kyte v. Mid-Hudson Wendico, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
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