Spears v. Capital Region Medical Center, Inc.

HAROLD L. LOWENSTEIN, Judge.

This appeal involves a claim for medical malpractice based on res ipsa loquitur. The trial court granted summary judgment in favor of the respondent, Capital Region Medical Center. The appellant, Glen Spears, argues on appeal: 1) that Missouri should adopt the majority rule of allowing expert testimony in cases involving res ipsa loquitur, and 2) that prohibiting expert testimony vis-á-vis res ipsa lo-quitur violates the “open courts” provision of the Missouri Constitution.

Factual and Procedural History

On August 11, 1997, Spears went to Capital Region’s emergency…