LEAR v. UPALI (USA) INC.


205 A.D.2d 360 (1994)

613 N.Y.S.2d 367

Gerard R. Lear, as Administrator of The Estate of Sittampalam M. Ratnam, Deceased, et al., Respondents, v. Upali (Usa) Inc. et al., Defendants, and Gates Learjet Corp., Appellant

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

June 14, 1994


In an action for wrongful death arising out of the unexplained, in-flight disappearance of a recently purchased corporate jet manufactured by appellant and on which plaintiffs' decedent was a passenger, we agree with the IAS Court that the doctrine of res ipsa loquitur applies to permit an inference of negligence on appellant's part (see generally, Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219, 226-227). As for the...

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