Moeller v. Pearl

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from a judgment of the Supreme Court, Queens County, entered June 28, 1979, which is in favor of defendant upon the trial court’s granting of *541defendant’s motion to dismiss the complaint pursuant to CPLR 4401, following a jury trial limited to the issue of liability only. Judgment reversed, on the law, and new trial granted, with costs to abide the event. It was error for the trial court to refuse to apply the doctrine of res ipsa loquitur and hold that plaintiffs failed to make out a prima facie case of…