disappeared over the years, and the "discovery rule" by which statutes of limitation run from the date of discovery of the wrongdoing rather than the date of the occurrence has become the rule in most states. Forty years later, leaving a medical device in a patient was medical malpractice, provable without expert testimony, in almost every jurisdiction. Virginia has limited the rule. The Virginia Supreme Court stated in 1996: "Almost 60 years ago, this Court, discussing res ipsa loquitur, said: 'In Virginia the doctrine, if not entirely abolished, has been limited and restricted to a very material extent.' City of Richmond v. Hood Rubber Products Co., 168 Va. 11, 17, 190 S.E. 95, 98 (1937). ... It may be utilized only when the circumstances of the incident, without further proof, are such that, in the ordinary course of events, the incident could not have happened except on the theory of negligence." A contention of res ipsa loquitur commonly is made in cases of commercial airplane accidents. It was part of the commentary in a train collision in California in 2008: "If two trains are in the same place at the same time, someone was negligent." In some states, the doctrine of res ipsa loquitur is also used as a method of proving the intent or mens rea element of the inchoate crime of attempt. Under the Model Penal Code, "the behavior in question is thought to corroborate the defendant's criminal purpose", for example: References 1863 in law Common law Brocards (law) Legal rules with Latin names Legal doctrines and principles Tort law