Hightower-Warren v. Silk

OPINION

NIGRO, Justice.

This case presents the question of whether the Superior Court properly affirmed the entry of a non-suit in a medical malpractice action, finding that Appellants’ claim could not proceed to the jury under a theory of res ipsa loquitur. We find that the Superior Court affirmance was improper as Appellants presented sufficient expert testimony and were entitled to proceed to the jury under a theory of res ipsa loquitur.

In May of 1987, Appellant Eunice Evans (“Evans”) saw Appellee, Raymond E. Silk, M.D. (“Dr. Silk”), for treatment arising from an automobile accident which…