Morejon v. Rais Construction Co., 18 A.D.3d 632 (2005)
While summary judgment for the plaintiff is theoretically possible in a res ipsa loquitur case, it is exceedingly rare and requires the plaintiff’s circumstantial evidence to be overwhelmingly convincing and the defendant’s response demonstrably weak.
Summary
This case concerns the application of res ipsa loquitur in the context of a summary judgment motion. The plaintiff sued for injuries sustained when roofing material fell and hit him. The Appellate Division reversed the Supreme Court’s grant of summary judgment to the plaintiff based on res ipsa loquitur, stating that res ipsa loquitur cannot be the basis for summary judgment in favor of a plaintiff on the issue of liability. The Court of Appeals affirmed the reversal, holding that summary judgment based on res ipsa loquitur for the plaintiff is only appropriate in the rarest of cases where the plaintiff’s circumstantial proof is compelling, and the defendant’s response is weak, leaving no question of fact for determination.
Facts
Fabio Pardo allegedly sustained fatal injuries while delivering building materials to a job site managed by Rais Construction Company. According to the Pardos, a roll of roofing material fell from the roof and struck Fabio on the head. Cesar Rais testified that his crew had stopped work at the site three days before the alleged incident, and he never left roofing materials on the roof. Barry Kleinman, the homeowner, supported Rais’s assertions, stating he saw no evidence of work being done on the day in question and that fresh snow was undisturbed.
Procedural History
The Supreme Court initially denied the plaintiff’s motion for summary judgment. Upon reargument, the court granted summary judgment to the plaintiff against the Rais defendants based on res ipsa loquitur. The Appellate Division reversed, holding that res ipsa loquitur cannot be the basis for granting summary judgment in favor of a plaintiff. The Court of Appeals granted leave to appeal.
Issue(s)
Whether res ipsa loquitur can ever serve as the basis for granting a plaintiff summary judgment on the issue of liability.
Holding
No, not usually, but theoretically possible; the order of the Appellate Division is affirmed because there are material questions of fact for trial. Summary judgment or a directed verdict for the plaintiff based on res ipsa loquitur is only appropriate in the exceptional case in which no facts are left for determination because the plaintiff’s circumstantial proof is compelling, and the defendant’s response is weak.
Court’s Reasoning
The Court reviewed the history and development of the res ipsa loquitur doctrine, emphasizing that it allows a jury to infer negligence from circumstantial evidence when direct proof is lacking. The court highlighted the criteria for applying res ipsa loquitur: (1) the event must be of a kind that ordinarily does not occur in the absence of negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; and (3) it must not be due to any voluntary action or contribution on the part of the plaintiff.
The Court clarified that res ipsa loquitur creates an inference, not a presumption, of negligence. It emphasized that summary judgment or a directed verdict for the plaintiff is exceedingly rare in res ipsa loquitur cases. It is only appropriate when the plaintiff’s circumstantial proof is so convincing and the defendant’s response so weak that the inference of negligence is inescapable.
The Court acknowledged the potential for confusion arising from the interchangeable use of “inference” and “presumption.” Ultimately, the Court held that the summary judgment issue should be resolved by evaluating the circumstantial evidence under the Kambat/Corcoran test for res ipsa loquitur. Because there were material questions of fact for trial the order of the Appellate Division was affirmed.