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JOHNSON v. FARR
Appellate Division of the Supreme Court of New York, Second Department.
Jan 31, 2000
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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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