MOREJON v. RAIS CONSTR. CO.


7 N.Y.3d 203 (2006)

851 N.E.2d 1143

818 N.Y.S.2d 792

MARIA MOREJON, as Administratrix of the Estate of FABIO PARDO, Deceased, Appellant, v. RAIS CONSTRUCTION COMPANY et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided May 9, 2006.


Attorney(s) appearing for the Case

Philip J. Hoffman, New York City, and Zuller & Bondy, LLP (Thomas L. Bondy of counsel), for appellant.

Faust Goetz Schenker & Blee LLP, New York City (Erika C. Aljens of counsel), for respondents.

Fiedelman & McGaw, Jericho (Andrew Zajac, Dawn C. DeSimone, Rona L. Platt and Brendan T. Fitzpatrick of counsel), for Defense Association of New York, Inc., amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

ROSENBLATT, J.

In a personal injury or property damage case, it is plaintiff's burden to prove defendant negligent. Occasionally, however, a plaintiff to whom the defendant owes a duty of care is not in a position to prove directly what actually happened or that a specific act of the defendant was negligent. In a proper case, under the doctrine of res ipsa loquitur, the law allows a jury to consider the circumstantial evidence and infer...

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