The plaintiff's motion for summary judgment granted on the question of liability through the use of the doctrine of res ipsa loquitur.

The plaintiff's motion for summary judgment granted on the question of liability through the use of the doctrine of res ipsa loquitur. The plaintiff alleged he was at the defendants' spa receiving a massage from the masseuse and lying on his stomach on the massage table. The plaintiff claimed the masseuse pushed down on his upper body, causing the table to tip face forward and the plaintiff to fall to the floor. At a recreation of the incident, the table was pushed down at the "head," and it tipped over again. The plaintiff's expert, a mechanical engineer, inspected the underside of the table and discovered a set of post-manufacture holes bored into the table's "foot end," opining the table was modified post manufacture to permit insertion of a head rest at either end. The defendants argued the plaintiff did not show any evidence that they created a dangerous condition or had notice that the table was dangerous as employed. The defendant alleged Bonfante should sue the manufacturer. The court found that the plaintiff sufficiently set forth prima facie evidence of his entitlement to judgment, noting there was no evidence he contributed to his own injury and that the defendants failed to refute the plaintiff's expert's opinion.

Case Law Alert - 1st Quarter 2013