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MOELLER v. PEARL

78 A.D.2d 540 (1980)

Donald Moeller et al., Appellants, v. Judith Pearl, as Administratrix of The Estate of Billie J. Pearl, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 22, 1980

Judgment reversed, on the law, and new trial granted, with costs to abide the event.

It was error for the trial court to refuse to apply the doctrine of res ipsa loquitur and hold that plaintiffs failed to make out a prima facie case of negligence. Application of the doctrine requires that plaintiffs prove that: "`(1) the event must be of a kind which ordinarily does not occur in the absence of someone's negligence...

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