Case Summary

5038 REVIEW DENIED. In res ipsa loquitur claim against physician who failed to remove all of Penrose drain after surgery, procedure was too complicated to be within common knowledge of jury and thus instruction to jury to consider only expert testimony was appropriate.

SCOTT v RAYHER (Res Ipsa Loquitur) 185 CA4 1535 REV DENIED [See Summers v Tice, 33 C2 80; Ybarra v Spangard, 25 C2 486; Flowers v Torrance Mem Hosp Med Ctr, 8 C4 992; Froh v Milwaukee Med Clinic, 270 N.W.2d 83 (Wis App 1978); Miller v Jacoby, 33 P.3d 68 (Wash 2001); Gilbert v Campbell, 440 So.2d 1048 (Ala 1983)]