Morgan v. Children's Hospital

It must be noted at the outset of this opinion that the doctrine of res ipsa loquitur is only a rule of evidence which allows the trier of fact to draw an inference of negligence from the facts presented. The trier of facts is permitted, but not compelled, to find negligence.1 This rule is set forth in Jennings Buick, Inc. v. Cincinnati (1980), 63 Ohio St. 2d 167, at 169-170 [17 O.O.3d 102]:

“The doctrine of res ipsa loquitur is not a substantive rule of law furnishing an independent ground for recovery; rather, it is an evidentiary rule which permits, but does not require, the jury to draw an…