Maria Morejon, as Administratrix of the Estate of Fabio Pardo, Deceased, Appellant v. Rais Construction Company Et…

Summary

The Court affirmed the Appellate Division’s denial of summary judgment, holding that res ipsa loquitur does not ordinarily create a presumption of negligence that entitles a plaintiff to summary judgment; only in the rare case where no factual issues remain could such judgment be granted. The decision clarifies that the doctrine creates an inference, not a presumption, and that material factual disputes remain in this case.