Mireles v. Broderick

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that common knowledge can give rise to an inference of negligence
• allowing “expert witness testimony to establish the inference of negligence” and clarifying that “[t]he common-knowledge exception to the expert testimony rule may inform but does not delimit the application of res ipsa loquitur”
• “[A] requested instruction that is erroneously or inaccurately drafted need not be given by the trial court.”
• patient alleged that an anesthesiologist’s negligent care during surgery caused nerve damage in her arm
• “When draft language gives rise to concern, the trial court is nonetheless under a duty to instruct the jury succinctly and accurately on the issue of law presented.”
• “The trial court may submit the instruction as tendered or change the instruction, with or without consultation with counsel, to suit his or her particular proclivity and style. Only legal or factual insufficiency will justify rejection.”

Source: CourtListener parenthetical corpus (CC0).