Legal Opinion
Lau v. Ky
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 2009PublishedCited by 8 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated December 14, 2007, which denied her motion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff moved for summary judgment on the issue of liability based upon a theory of res ipsa loquitur. “To rely on the doctrine of res ipsa loquitur, a plaintiff must demonstrate that (1) the injury is of a kind that does not [ordinarily] occur in the absence of someone’s negligence, (2)…
2Cases cited3 opinions
- Morejon v. Rais Construction Co.New York Court of Appeals · 2006
- Simmons v. NeumanAppellate Division of the Supreme Court of the State of New York · 2008
- Smalls v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by8 opinions
- Giantomaso v. T. Weiss Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2016
- Pampalone v. FBE Van Dam, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- DENGLER, DOREEN v. POSNICK, M.D., STEVEN J.Appellate Division of the Supreme Court of the State of New York · 2011
- Bunting v. HaynesAppellate Division of the Supreme Court of the State of New York · 2013
- Koster v. DavenportAppellate Division of the Supreme Court of the State of New York · 2016
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