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EISNER v. FIELDS9/8/1999
d of itself, evidence of negligence. The jury was allowed to consider whether an injury occurred in its assessment of whether appellants were liable for damages. The jury simply was not allowed to consider the fact that the injury occurred to be, in and of itself, evidence of negligence.
Therefore, because we find that the judge did not err in refusing to instruct the jury on the doctrine of res ipsa loquitur, that he did not err in giving the jury instruction AMI Civ. 3d 603, but that he did err in finding that the evidence was clearly contrary to the preponderance of the evidence, we reverse the judge's order granting a new trial, and we dismiss the appeal.
Reversed and dismissed.
ROBBINS, C.J., and PITTMAN, HART, NEAL, CRABTREE, JJ., agree.
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