June 14, 2023 – M&H Wins Reversal And Award Of Summary Judgment Based Upon A “Rare” And “Exceptional” Application Of Res IPSA Loquitur

In this action to recover damages for injuries sustained due to the negligent installation of an automobile tire, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, reversed the lower court’s order and awarded the plaintiff summary judgment, finding that the circumstantial evidence made this the “rare” and “exceptional” case in which the application of the doctrine of res ipsa loquitur mandated summary judgment in the plaintiff’s favor.

Bicchetti v. Atlantic Toyota, et al.