Court Error – Res Ipsa Loquitur – Expert Witness

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WI Court of Appeals – District III

Case Name: Carol Walker v. Sacred Heart Hospital of the Hospital Sisters of the Third Order of St. Francis

Case No.: 2015AP805

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Court Error – Res Ipsa Loquitur – Expert Witness

Carol Walker appeals a summary judgment dismissing her personal injury claim against Sacred Heart Hospital of the Hospital Sisters of the Third Order of St. Francis (Sacred Heart). Walker contends the circuit court erred by dismissing her negligence claim due to her failure to disclose an expert liability witness to testify about the standard of care required for the security of patients in the psychiatric ward of Sacred Heart. Walker further contends that the doctrine of res ipsa loquitur applies, and for that reason, no expert testimony is required. We conclude Walker was required to have an expert witness testify concerning Sacred Heart’s standard of care and res ipsa loquitur does not apply. We therefore affirm the judgment.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.