A trial court confirms that res ipsa loquitur is only available in certain, limited circumstances with respect to professional liability. Though a medical malpractice case, I believe that Leigh v. Schwartz, and the decisions made prior thereto, have application to other professional negligence cases.

The Leigh case, dated March 7, 2016, was a post-trial memo by Judge Wilson. At issue, in part of the decision, was whether the expert could infer that the type of injury evidenced a deviation Continue reading →