January 9, 2018

Res ipsa loquitur.

Practice point:  In this action for damages resulting from an accident involving a misleveled elevator, the applicability of the doctrine of res ipsa loquitur is not overcome by evidence that the elevator was regularly inspected and maintained.

Case: Dzidowska v. Related Cos., LP, NY Slip Op 00074 (1st Dep't January 4, 2018)

Here is the decision.