Sisson by and Through Allen v. Elkins

SIMMS, Justice,

concurring:

I concur in affirming the judgment of the trial court, however, I cannot embrace the rule of Middlebrook v. Imler, Tenny, and Kugler, M.D.’s, Okl., 713 P.2d 572 (1985), which permits giving a res ipsa loquitur instruction when direct evidence of specific acts of negligence is presented to the jury. See, dissenting opinion, Middlebrook, supra, at 587.