Hubbard v. Mt. Sinai Hospital of Greater Miami, Inc.

ALAN R. SCHWARTZ, Circuit Judge.

Opinion and order denying motion for new trial: At the unreported hearing at which the court orally denied the defendant’s motion for new trial and executed an order to that effect, the court indicated that it would file an opinion stating its reasons for that ruling.

The defendant’s motion, while based upon several asserted grounds, presented but two substantial questions for consideration — the propriety of the jury instruction concerning the doctrine of res ipsa loquitur and the amount of damages returned by the jury.

Res ipsa loquitur

Upon the evidence at the…