Bardessono v. Michels

Opinion

TOBRINER, J.

For the reasons explained herein, we conclude that the judgment for plaintiff in this medical malpractice action should be affirmed. The trial court properly followed the doctrine of res ipsa loquitur in instructing the jury that it could infer negligence from the happening of the accident alone, if it found from the testimony of physicians called as expert witnesses, common knowledge, and all the circumstances, that the injury was more probably than not the result of negligence.

1. The facts.

In June 1966, the plaintiff left his work as a radar technician in California for a…