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FROH v. MILWAUKEE MEDICAL CLINIC, S.C.

No. 77-622.

85 Wis.2d 308 (1978)

270 N.W.2d 83

FROH, and husband, Plaintiffs-Appellants, v. MILWAUKEE MEDICAL CLINIC, S.C., and others Defendants-Respondents.

Court of Appeals of Wisconsin, District I.

Decided August 16, 1978.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Mulcahy & Wherry S.C., with Carl L. Ricciardi of counsel, of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Arnold, Murray, O'Neill & Schimmel, with Robert C. Watson of counsel, of Milwaukee.

Before DECKER C.J., CANNON P.J., and MOSER J.

MOSER, J.

The issue is whether the trial court committed prejudicial error in refusing to instruct the jury on the doctrine of res ipsa loquitur.

[1]

The two elements of res ipsa loquitur that must be present before the application of the doctrine of res ipsa loquitur are: (1) the accident must be of a kind which ordinarily does not occur in the absence of someone's negligence; (2) that it must be caused by an agency or instrumentality...

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