George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation: George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document: George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction: DC (municipal)
Effective Date: 1983-02-25
Original Source: https://www.courtlistener.com/opinion/2298306/george-washington-university-v-... ↗

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If a plaintiff introduces evidence of specific acts of negligence (in contrast with expert testimony on the general question whether a particular injury would be likely to occur in the absence of negligence), he or she will be bound by such evidence. If, as a result, the evidence weakens the inference of negligence, the plaintiff in effect will have aided the defendant's effort either to argue res ipsa loquitur should not be invoked or, alternatively, to argue that it has rebutted plaintiff's prima facie case. See Publishers Bookbindery, Inc. v. Zirinsky, 73 Misc.2d 116, 123, 341 N.Y.S.2d 402, 410 (N.Y. Civ.Ct.1973) (plaintiff lost its opportunity to avail itself of the res ipsa doctrine because it went beyond "merely offer[ing] evidence of water leakage from a common water supply pipe contained within a wall without further explanation which would bring into play the res ipsa doctrine").

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