Johnson v. LCA Vision, Inc.

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted plaintiffs request to charge the doctrine of res ipsa loquitur with respect to defendants LCA Vision, Inc. and Claus M. Fichte, M.D. (see, Fogal v Genesee Hosp., 41 AD2d 468, 474-477). In order to establish his entitlement to that charge, plaintiff was not required to eliminate conclusively “the possibility of all other causes of the injury. It [was] enough that the evidence * * * afford [ed] a rational basis for concluding that ‘it [was] more likely than not’ that the injury was caused by [the]…