Pacheco v. Ames

—A Spokane County Superior Court jury awarded Keith A. Pacheco damages for an injury he sustained while he was undergoing oral surgery performed by Dr. John R. Ames, D.D.S. The Court of Appeals reversed the judgment that was based on the jury verdict, concluding that the trial court improperly instructed the jury on the doctrine of res ipsa loquitur. Pacheco challenges that decision, asserting that he (1) satisfied the elements of the res ipsa loquitur doctrine, and (2) properly relied on the doc*434trine, notwithstanding the fact that Dr. Ames offered testimony which explained how the injury…