Dr. Patrick Cleary and Ball Memorial Hospital (collectively “the Defendants”) appeal the denial of their motion for summary judgment against Konnie Manning. The sole issue is whether the trial court properly concluded that Manning could rely on the doctrine of res ipsa loquitur in her medical malpractice action against the Defendants.
Conclusion (slip op. at 10): The trial court properly concluded that Konnie could invoke res ipsa loquitur against the Defendants and, therefore, properly denied the Defendants’ motion for summary judgment. Affirmed.
Key Analysis (slip op. at 7): We do not believe Dr. Caldwell’s absence from the present litigation is enough to allow the Hospital and Dr. Cleary to avoid the application of res ipsa loquitur. Where, as here, there are multiple injuring instrumentalities, res ipsa loquitur may be applied against a defendant who is demonstrated to have had exclusive control over at least one of those instrumentalities . . . where a plaintiff presents evidence that a defendant had exclusive control of a key injuring instrumentality, he or she is not required to demonstrate the defendant’s exclusive control over all potential contributing causes of the accident.
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