Opinion
Argued December 2, 1999
January 31, 2000
In an action to recover damages for personal injuries, etc., based upon medical malpractice, the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Seidell, J.), entered September 23, 1998, which, upon a jury verdict in favor of the defendants and upon the denial of the plaintiffs' motion to set aside the jury verdict, dismissed the complaint.
Bruce G. Clark Associates, P.C., New York, N.Y. (Rhona A. Silverman of counsel), for appellants.
Shaub, Ahmuty, Citrin Spratt, LLP, Lake Success, N.Y. (Steven J. Ahmuty, Jr. and Stefan Kalina of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The facts adduced at trial were insufficient to warrant a jury charge on the doctrine of res ipsa loquitur. The nature of the expert testimony did not give rise to an inference of negligence based upon the mere occurrence of the adverse event at issue (see,Kambat v. St. Francis Hosp., 89 N.Y.2d 489 ; Abbott v. New Rochelle Hosp. Med. Center, 141 A.D.2d 589 ). Thus, the Supreme Court providently exercised its discretion in denying plaintiffs' request for a res ipsa loquitur charge.
BRACKEN, J.P., JOY, GOLDSTEIN, and FLORIO, JJ., concur.