McPHERSON v. HIGH POINT MEMORIAL HOSPITAL

No. 7919SC29.

258 S.E.2d 410 (1979)

43 N.C. App. 164

Debra Sue Evers McPHERSON, Plaintiff, v. HIGH POINT MEMORIAL HOSPITAL, INC., Defendant, v. FEDERAL SIGNAL CORPORATION, Third Party Defendant.

Court of Appeals of North Carolina.

October 2, 1979.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff-appellant.

Henson & Donahue by Perry C. Henson, Greensboro, for defendant-appellee High Point Memorial Hospital, Inc.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, Winston-Salem, for defendant-appellee Federal Signal Corporation.


HEDRICK, Judge.

Although plaintiff does not argue the question in her brief, this case squarely raises the issue of whether the doctrine of res ipsa loquitur will apply to carry plaintiff's case to the jury. This evidentiary principle is grounded in the superior logic of ordinary human experience and operates to permit an inference of negligence from the very happening of the incident itself. 2 Stansbury's N.C. Evidence, Burden of Proof and Presumptions...

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