The Court of Appeals has reversed an Appellate Division, First Department, panel’s application of res ipsa loquitur in the case of a hospital administrator hurt by a swinging ceiling door on a Metro-North Railroad train.
The court said Rosemond Barney-Yeboah’s claim “is not the type of rare case in which the circumstantial proof presented by plaintiff ‘is so convincing and the defendant’s response so weak that the inference of defendant’s negligence is inescapable,’” quoting Morejon v. Rais Constr. Co., 7 NY3d 203 (2006).
