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A Pennsylvania trial judge should have instructed the jury on res ipsa loquitur in a med-mal case where a quadriplegic's fall off an operating table allegedly caused injuries leading to his death, a state Superior Court panel has ruled. In an unusual grant of judgment notwithstanding the verdict in favor of the plaintiff, Judge Richard B. Klein wrote: "Everyone conceded that the decedent's disability prevented any voluntary movement that could have caused his fall."
April 28, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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