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CATHERINE JOHNSON, et al., appellants, v. DAVID FARR, etc., et al., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

The facts adduced at trial were insufficient to warrant a jury charge on the doctrine of res ipsa loquitur. The nature of the expert testimony did not give rise to an inference of negligence based upon the mere occurrence of the adverse event at issue (see,Kambat v. St. Francis Hosp., 89 N.Y.2d 489 ; Abbott v. New Rochelle Hosp. Med. Center, 141 A.D.2d 589 ). Thus, the Supreme Court providently exercised its discretion in denying plaintiffs' request for a res ipsa loquitur charge.

BRACKEN, J.P., JOY, GOLDSTEIN, and FLORIO, JJ., concur.

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JOHNSON v. FARR
(Jan 31, 2000)