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JOHNSON v. LCA VISION, INC.

285 A.D.2d 971 (2001)

727 N.Y.S.2d 674

KURT A. JOHNSON, Respondent, v. LCA VISION, INC., Appellant, and HANSA RESEARCH & DEVELOPMENT, INC., Respondent, et al., Defendant. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided July 3, 2001.

Judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiff's request to charge the doctrine of res ipsa loquitur with respect to defendants LCA Vision, Inc. and Claus M. Fichte, M.D. (see, Fogal v Genesee Hosp., 41 A.D.2d 468, 474-477). In order to establish his entitlement to that charge, plaintiff was not required to eliminate conclusively "the possibility of all other causes...

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