Mireles v. Broderick

The crux of the majority’s opinion is that plaintiff’s tendered instruction was not a res ipsa instruction because the first element begins after the res ipsa bridge is crossed, and therefore the instruction is nothing more than a dressed-up negligence instruction, an “unnecessary crutch” to reach the issue of negligence. I cannot agree with the majority’s formulation because (1) as I understand res ipsa loquitur, it is merely one form of circumstantial evidence; (2) as a form of circumstantial evidence, a plaintiff is permitted to rely on res ipsa loquitur although he or she attempts to…