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Redfield v. Beverly Health & Rehabilitation Services1/30/2001
lies in a particular case is a question that is within the exclusive province of the trial court. Guffey v. Integrated Health Services of Kansas City, 1 S.W.3d 509, 514 (Mo. App. W.D. 1999). In determining whether the facts and circumstances of a particular case allow for the application of res ipsa loquitur, the trial court may apply the wisdom it has gained from common experience and should consider the character and nature of the incident and not the mere fact of its occurrence. Id. We find the trial court applied its wisdom well in allowing Appellant to submit her case on a theory of res ipsa loquitur. Beverly's point on cross-appeal is denied.
For the foregoing reasons, the trial court's judgment granting the Motions of Aequitron and Beverly for New Trial based on juror nondisclosure is reversed with directions for the trial court to reinstate the judgment.
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