Keyser v. KB Toys, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*714The plaintiff Joy Adrienne Key ser allegedly was injured when boxes fell on her from an overstock shelf in a KB Toys store. The jury was instructed, inter alia, on the theory of res ipsa loquitur, and returned a verdict in favor of the defendants.
The doctrine of res ipsa loquitur permits an inference of negligence to be drawn solely from the happening of the accident upon the plaintiffs showing that the event is of the kind which ordinarily does not occur in the absence of negligence and was caused by an agency or instrumentality within the exclusive control of the defendant without any…
2Cases cited9 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Ebanks v. New York City Transit AuthorityNew York Court of Appeals · 1987
- Ruggiero v. Waldbaums Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nikollbibaj v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Hoeberlein v. Bed Bath & Beyond, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Bacchus v. Restaurant Depot, LLCAppellate Division of the Supreme Court of the State of New York · 2025
- Barril v. McClureAppellate Division of the Supreme Court of the State of New York · 2018
- Nikollbibaj v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
2 more not listed; retrieve them via the Exa API.