You are here: / / Failure to Plead Res Ipsa Loquitur Does Not Preclude Application of T...
,

Failure to Plead Res Ipsa Loquitur Does Not Preclude Application of Theory.

“Since the [res ipsa loquitur] doctrine merely permits an inference arising from the evidence in a negligence case, the plaintiff’s failure to plead res ipsa loquitur does not foreclose its application on summary judgment or at trial.”  Wicks vs Leemilt’s Petroleum, Inc., 2011-01891, Index No. 1843/08 Second Dept. 2-20-13

 

You might also like
FALL WHEN DESCENDING A 28-FOOT LADDER ENTITLED PLAINTIFF TO SUMMARY JUDGMENT, APPARENTLY A 40-FOOT LADDER WOULD HAVE BEEN SAFER BUT NONE WAS AVAILABLE, THEREFORE USE OF THE SHORTER LADDER COULD NOT BE THE SOLE PROXIMATE CAUSE OF THE INJURY.
FATHER’S PETITION FOR SOLE CUSTODY SHOULD NOT HAVE BEEN GRANTED ABSENT A FULL HEARING (SECOND DEPT).
Questions of Fact Raised About Whether Student Assumed the Risk of Injury from Indoor Soccer Practice–Relevant Law Discussed In Some Depth
Wrong Party Name Could Not Be Remedied by Service of an Amended Summons and Complaint—Supreme Court Could Not Grant Motion to Serve Amended Pleadings Because the Court Never Had Personal Jurisdiction Over the Misnamed Party (Misnamed Party Never Served)—Relation Back Doctrine Did Not Apply
ALLEGATIONS THAT A POSTNUPTIAL AGREEMENT WAS UNCONSCIONABLE SURVIVED THE MOTION TO DISMISS, THE SUBSTANTIVE AND PROCEDURAL CRITERIA FOR THE DISMISSAL OF COUNTERCLAIMS AND AFFIRMATIVE DEFENSES ALLEGING FRAUD, DURESS, COERCION AND UNCONSCIONABILITY DISCUSSED IN SOME DEPTH (SECOND DEPT).
Plaintiff Arrested Without a Warrant Based Upon Illegally Seized Evidence Granted Summary Judgment in False Arrest/Imprisonment Action
INSURED’S EXCUSES FOR DELAY IN NOTIFYING INSURANCE BROKERS OF PENDING ACTION NOT SUPPORTED BY SUFFICIENT EVIDENCE, SUMMARY JUDGMENT IN FAVOR OF DEFENDANT BROKERS PROPERLY GRANTED.
Presumption Vehicle Was Operated with Owner’s Consent Not Overcome—Defendant Not Entitled to Summary Judgment

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Causes of Action Not in Notice of Claim Dismissed. Expert Opinion Must Be Based On Facts in Record or Personally Known.