- G.R.—Res Ipsa Loquitor does not
- apply because plaintiff cannot show one person was more likely than not the person who caused the injury. (IE: Turkey Dinner-- food poisoning)
(b) Exception—Medical Context
- (i) Multiple health care providers
- working together may be held liable if the doctors both oversaw the surgery and
- the doctors both had a duty.
- (ii) Apply when P has no direct
- evidence (esp. if unconscious)
(iii)Hospital/medical must eliminate all parties as possible source of injury—this shifts the burden to each defendant to prove that they were not exercising control